Legal Opinion

Gallagher v. New York Post

New York Court of Appeals

Decided February 11, 2010No. 8PublishedCited by 160 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

On June 28, 2004, plaintiff Hugh Gallagher, an ironworker, was assigned to remove a section of metal decking from the second floor of a building in the Bronx owned by defendant NYP Holdings, Inc. (NYP), in preparation for the installation of new flooring. He was partnered with another ironworker, Jim Gaffney; the two men worked under the direction of foreman Joe Nover. Gallagher was cutting the metal with a two-handled, powered saw, enlarging an opening created by other workers. According to Gallagher, he was holding both handles of the saw when its blade jammed,…

2Cases cited4 opinions

  1. Cahill v. TRIBOROUGHNew York Court of Appeals · 2004
  2. Robinson v. East Medical CenterNew York Court of Appeals · 2006
  3. Montgomery v. FEDERAL EXPRESS CORPORATIONNew York Court of Appeals · 2005
  4. Hugh Gallagher v. New York PostAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by160 opinions

  1. Auriemma v. Biltmore Theatre, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  2. Doto v. Astoria Energy II, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  3. Poracki v. St. Mary's Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 2011
  4. Przyborowski v. A&M Cook, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  5. Cordeiro v. TS Midtown Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2011

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