Legal Opinion
Melber v. 6333 Main Street, Inc.
New York Court of Appeals
Decided June 4, 1998PublishedCited by 79 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
On this appeal, we are again asked to delineate the class of perils targeted by Labor Law § 240 (1) and subject to its extraordinary protections. We hold that in the circumstances presented, plaintiff did not encounter a hazard contemplated by the statute, and we therefore reverse the grant of summary judgment to plaintiff on his Labor Law § 240 (1) claim.
Plaintiff was a carpenter employed by ADF Construction Co., which had been hired by defendant to construct a one-story medical office building. While installing metal studs in the top of a drywall, in…
2Cases cited12 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Joblon v. SolowNew York Court of Appeals · 1998
- Bland v. ManocherianNew York Court of Appeals · 1985
7 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Nieves v. Five Boro Air Conditioning & Refrigeration Corp.New York Court of Appeals · 1999
- Marc A. Nicometi v. The Vineyards of Fredonia, LLC / Scott Pfohl v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co.New York Court of Appeals · 2015
- Jones v. 414 Equities LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Cammon v. City of New YorkNew York Court of Appeals · 2000
74 more not listed; retrieve them via the Exa API.