Legal Opinion
Olney v. Ciminelli-Cowper Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1998PublishedCited by 6 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs’ motion for partial summary judgment against defendant CiminelliCowper Co., Inc. (Ciminelli), on the issue of liability under Labor Law § 240 (1). Where there is no evidence that a construction manager “had the authority to supervise, direct, or control the injury-producing work”, he may not be held liable as the owner’s agent {Sikorski v Springbrook Fire Dist., 225 AD2d 1041). However, here there are triable issues of fact…
2Cases cited2 opinions
- Sikorski v. Springbrook Fire DistrictAppellate Division of the Supreme Court of the State of New York · 1996
- Dose v. Jenn-Matt Corp.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by6 opinions
- Bateman v. Walbridge Aldinger Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Falsitta v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Baum v. Ciminelli-Cowper Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Kozdranski v. O'Brien-Kreitzberg & Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Sherbourne v. Murnane Building Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
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