Legal Opinion

Sofia v. Carlucci

Appellate Division of the Supreme Court of the State of New York

Decided July 28, 1986PublishedCited by 8 opinions

1Opinion of the Court

— In a negligence action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered July 22, 1985, which denied his motion for summary judgment dismissing the complaint.

Order reversed, on the law, without costs or disbursements, motion granted, and complaint dismissed.

The plaintiff Thomas Sofia was injured when he fell from a scaffold that his employer, the third-party defendant, had borrowed from the defendant. Although the record suggests that the absence of safety railings may have contributed to the…

2Cases cited4 opinions

  1. Inman v. Binghamton Housing AuthorityNew York Court of Appeals · 1957
  2. Sarnoff v. Charles Schad, Inc.New York Court of Appeals · 1968
  3. Daoust v. PalmenteriAppellate Division of the Supreme Court of the State of New York · 1985
  4. Galbraith v. John B. Pike & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1963

3Cited by8 opinions

  1. Lichtenthal v. St. Mary's ChurchAppellate Division of the Supreme Court of the State of New York · 1990
  2. Ruggiero v. Max Braun & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  3. McAdam v. SadlerAppellate Division of the Supreme Court of the State of New York · 1991
  4. Acampora v. AcamporaAppellate Division of the Supreme Court of the State of New York · 1993
  5. Ventura v. Ozone Park Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2011

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