Legal Opinion

Mitchell v. T. McElligott, Inc.

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

Decided July 13, 2017No. 524251PublishedCited by 8 opinions

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Nolan Jr., J.), entered October 7, 2016 in Saratoga County, which, among other things, denied defendant’s motion for partial summary judgment.

In 2011, the North Colonie Central School District (hereinafter the owner) contracted with defendant to renovate the heating systems at three of its school buildings. Defendant then subcontracted with plaintiff Tammy Mitchell’s employer, Technical Building Services (hereinafter TBS), to install temperature controls for the renovated heating systems. In preparation for TBS’s installation, Mitchell and another…

2Cases cited20 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998
  3. Russin v. Louis N. Picciano & SonNew York Court of Appeals · 1981
  4. Jock v. FienNew York Court of Appeals · 1992
  5. Tomyuk v. Junefield AssociateAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by8 opinions

  1. Edwards v. State Univ. Constr. FundAppellate Division of the Supreme Court of the State of New York · 2021
  2. Schoonover v. DiazAppellate Division of the Supreme Court of the State of New York · 2023
  3. Schoonover v. DiazAppellate Division of the Supreme Court of the State of New York · 2023
  4. Lacey v. Lancaster Dev.Appellate Division of the Supreme Court of the State of New York · 2021
  5. Lopez v. 6071 Enters., LLCAppellate Division of the Supreme Court of the State of New York · 2018

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