Legal Opinion
Garcia v. 225 East 57th Street Owners, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 2012Published
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
In this personal injury action in which the plaintiff alleges a violation of Labor Law § 241 (6), the critical inquiry is not whether the plaintiff was engaged in the demolition or “dismantling” of a structure. Rather, we must decide if the breaking of a mirrored panel that injured plaintiff is the type of hazard contemplated by the Industrial Code provisions that plaintiff alleges were violated.
The following facts are undisputed: The plaintiff Carlos Garcia was employed by nonparty JMPB Enterprises, LLC as a laborer. The defendant owns a 22-story cooperative…
2Cases cited12 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Joblon v. SolowNew York Court of Appeals · 1998
- Nagel v. D & R REALTY CORP.New York Court of Appeals · 2002
- Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
- Lewis-Moors v. Contel of New York, Inc.New York Court of Appeals · 1991
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