Legal Opinion

Niethe v. Palombo

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

Decided May 2, 2001PublishedCited by 5 opinions

1Opinion of the Court

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when he fell from a scaffold while installing drywall. Plaintiff was employed by third-party defendant, Darren Whittall, d/b/a Best Drywall (Whittall), the drywall contractor hired by defendant-third-party plaintiff, *968Richard E. McNamara, d/b/a McNamara Enterprises (McNamara), the general contractor. Supreme Court erred in denying McNamara’s cross motion for summary judgment in the third-party…

2Cases cited5 opinions

  1. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
  2. Colyer v. K Mart Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  3. DiVincenzo v. Tripart Development, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. DePillo v. Greater Auburn Land Co.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Keck v. Board of Trustees of Corning Community CollegeAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by5 opinions

  1. Sparks v. Essex Homes of WNY, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Myers v. T.C. Service of Spencerport, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. McDaniel v. Fischione Construction Co.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Ignatowski v. Ledgestone Vil. LLCAppellate Division of the Supreme Court of the State of New York · 2025
  5. Lostracco v. Lewiston-Porter Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2024

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