Orr v. David Christa Construction, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted plaintiff summary judgment on his Labor Law § 240 (1) cause of action against defendant and third-party plaintiff Triangle Steel, Inc. (Triangle). Contrary to Triangle’s contention, plaintiff, who was unloading structural steel from a flat bed trailer at the time he was injured, was engaged in protected activity under Labor Law § 240 (1). Plaintiffs work was clearly "necessary and incidental” to the construction project (Mosher v St. Joseph’s…
2Cases cited15 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
- Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
- Richard Drzewinski v. Atlantic Scaffold & Ladder Co.New York Court of Appeals · 1987
- Hagins v. StateNew York Court of Appeals · 1993
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3Cited by21 opinions
- Toefer v. Long Islan Rail RoadNew York Court of Appeals · 2005
- Curley v. Gateway Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Tillman v. Triou's Custom Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Dilluvio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Nelson v. Ciba-GeigyAppellate Division of the Supreme Court of the State of New York · 2000
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