Legal Opinion

Fabiano v. State of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 2014No. 518328PublishedCited by 5 opinions

1Opinion of the Court

Lahtinen, J.P.

Appeal from an order of the Court of Claims (Milano, J.), entered October 10, 2013, which, among other things, granted claimants’ motion for partial summary judgment on the issue of liability.

Claimant Mark Fabiano (hereinafter claimant) was employed by a contractor hired to paint one of defendant’s bridges and was injured when he stepped on a scaffold plank that collapsed, causing him to fall to the pavement below and sustain injuries. Claimant and his wife, derivatively, thereafter commenced this action, asserting negligence and, as relevant here, violations of Labor Law §§ 240…

2Cases cited8 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Gallagher v. New York PostNew York Court of Appeals · 2010
  3. Hagins v. StateNew York Court of Appeals · 1993
  4. Silvia v. Bow Tie Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  5. Kouros v. StateAppellate Division of the Supreme Court of the State of New York · 2001

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. DeGraff v. ColontonioAppellate Division of the Supreme Court of the State of New York · 2022
  2. Smith v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  3. Ballard v. BeardAppellate Division of the Supreme Court of the State of New York · 2026
  4. Fabiano v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
  5. Santos v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API