Legal Opinion
Foster v. David J. Joseph Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 1995PublishedCited by 8 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Plaintiff was injured while repairing and assembling component parts of the cyclone unit of a grinder system used in the recycling of metal scrap. The repair, refurbishing and assembly of such heavy machinery and equipment is part of the customary business of his employer. Thus, *945"plaintiff was engaged in his 'normal occupation’ of repairing machinery at a repair shop, a task not a part of any construction project or any renovation or alteration to the repair shop itself” (Warsaw v Eastern Rock Prods., 193 AD2d 1115). Plaintiff was not…
2Cases cited4 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
- Jock v. FienNew York Court of Appeals · 1992
- Warsaw v. Eastern Rock Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by8 opinions
- Krick v. Fluor Daniel, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Long v. John W. Danforth Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Dahar v. Holland Ladder & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Feigles v. Costal Lumber Co.District Court, W.D. New York · 1998
- Kobee v. Almeter Barry Construction Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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