Legal Opinion
Heller v. 83rd Street Investors L. P.
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 1996PublishedCited by 5 opinions
1Opinion of the Court
In this action for personal injuries suffered by plaintiff-worker when he was struck by an 8 foot wooden 4 by 4 plank in use at a construction site, we find that the evidence, viewed in the light most favorable to the prevailing party (Beth Israel Hosp. N. v Castle Oil Corp., 220 AD2d 257, lv denied 87 NY2d 891), supports the jury’s findings on liability.
Century, as the concrete contractor regularly using the 4 by 4s, stacking them in unsecured bundles at the edge of the building and then, after binding them with wire, hoisting the bundles to higher floors with its crane swinging them 10 to…
2Cases cited11 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Trustees of Columbia University v. Mitchell/Giurgola AssociatesAppellate Division of the Supreme Court of the State of New York · 1985
- Spett v. President Monroe Building & Manufacturing Corp.New York Court of Appeals · 1967
- Trustees of Columbia University v. SiegelAppellate Division of the Supreme Court of the State of New York · 1993
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dowd v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Elkins v. FerenczAppellate Division of the Supreme Court of the State of New York · 1998
- Hunter v. Perez Interboro Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Ramos v. Champion Combustion, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Richardson v. John Danna & SonsAppellate Division of the Supreme Court of the State of New York · 1997