Legal Opinion
Castellon v. Reinsberg
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2011PublishedCited by 5 opinions
1Opinion of the Court
*636Even though SMI’s notice of appeal was limited to the granting of plaintiffs’ motion for partial summary judgment, we may review unappealed portions of the order that are “inextricably intertwined” with the appealed-from portion (see Foley v Roche, 68 AD2d 558, 564 [1979]).
“[A] construction manager is generally not considered a ‘contractor’ or ‘owner’ within the meaning of section 240 (1) or section 241 of the Labor Law” (Lodato v Greyhawk N. Am., LLC, 39 AD3d 491, 493 [2007]). However, “a construction manager . . . may be vicariously liable as an agent of the property owner . . . where the…
2Cases cited8 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- Walls v. Turner Construction CompanyNew York Court of Appeals · 2005
- Hughes v. Tishman Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Lodato v. Greyhawk North America, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Burke v. Fisher Sixth Avenue Co.Appellate Division of the Supreme Court of the State of New York · 2001
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3Cited by5 opinions
- Della Porta v. East 51st Street Development Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Estrella v. GIT Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Estrella v. GIT Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Harnden v. LentzosAppellate Division of the Supreme Court of the State of New York · 2019
- Vogel v. LorneAppellate Division of the Supreme Court of the State of New York · 2025