Gray v. Balling Construction Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the cross motions of defendants that sought summary judgment dismissing the common-law negligence and Labor Law § 200 (1) claims. Defendants established that the alleged defect or dangerous condition arose from the methods and procedures of plaintiff’s employer and that they exercised no supervisory control over the method of plaintiff’s work (see, Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877; McSweeney v Rochester…
2Cases cited10 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
- Cafarella v. Harrison Radiator Division of General MotorsAppellate Division of the Supreme Court of the State of New York · 1997
- Durfee v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Enderlin v. Hebert Industrial Insulation, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brasch v. Yonkers Construction Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Nowak v. KieferAppellate Division of the Supreme Court of the State of New York · 1998
- Flowers v. Harborcenter Development, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Fischer v. StateAppellate Division of the Supreme Court of the State of New York · 2002
- Blackburn v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1998
4 more not listed; retrieve them via the Exa API.