Legal Opinion

Monroe v. New York State Electric & Gas Corp.

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

Decided October 7, 1992PublishedCited by 13 opinions

1Opinion of the Court

— Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred by permitting plaintiffs to amend their complaint to add a cause of action pursuant to Labor Law § 240 (1). Plaintiff Harry Monroe was injured when he slipped and fell on a permanently installed, metal, exterior stairway located between two sections of a building under construction. Labor Law § 240 (1) does not apply where plaintiff falls on a permanently installed stairway (see, Cliquennoi v Michaels Group, 178 AD2d 839; Barnes v Park Cong. Church,…

2Cases cited6 opinions

  1. Newsome v. CservakAppellate Division of the Supreme Court of the State of New York · 1987
  2. Ryan v. Morse Diesel, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Cliquennoi v. Michaels GroupAppellate Division of the Supreme Court of the State of New York · 1991
  4. Barnes v. Park Congregational ChurchAppellate Division of the Supreme Court of the State of New York · 1988
  5. Rothrock v. CottomAppellate Division of the Supreme Court of the State of New York · 1985

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3Cited by13 opinions

  1. Norton v. Park Plaza Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Dombrowski v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1995
  3. Riccio v. Shaker Pine, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Spiteri v. Chatwal HotelsAppellate Division of the Supreme Court of the State of New York · 1998
  5. Quigley v. BurnetteAppellate Division of the Supreme Court of the State of New York · 2012

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