Legal Opinion
Brewster v. Baltimore & Ohio Railroad Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1990PublishedCited by 9 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Plaintiff brought this action seeking to recover damages for injuries sustained while working to clear a train derailment at a jobsite located in the State of Pennsylvania. Supreme Court properly dismissed plaintiff’s causes of action alleging violations of sections 200, 240 (1) and 241 (6) of the New York State Labor Law. The New York State Legislature is without authority to impose standards of conduct upon contractors, owners and agents relating to a worksite located in a foreign jurisdiction (see, McKinney’s Cons Laws of NY, Book 1,…
2Cases cited5 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Babcock v. JacksonNew York Court of Appeals · 1963
- McMorrow v. TrimperAppellate Division of the Supreme Court of the State of New York · 1989
- McMorrow v. TrimperNew York Court of Appeals · 1989
- Calla v. ShulskyAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by9 opinions
- Zangiacomi v. HoodAppellate Division of the Supreme Court of the State of New York · 1993
- Huston v. Hayden Building Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Fiske v. Church of St. Mary of the AngelsDistrict Court, W.D. New York · 1992
- Aviles v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1994
- Padula v. Lilarn Properties Corp.Appellate Division of the Supreme Court of the State of New York · 1993
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