Legal Opinion
Elezaj v. P.J. Carlin Construction Co.
New York Court of Appeals
Decided March 20, 1997PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs, and the certified question answered in the affirmative. The central argument urged on this appeal — that the Industrial Code provisions relied upon by plaintiff are too general to support a cause of action under Labor Law § 241 (6) (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 502-505) — was not preserved for our review. Although the Appellate Division properly could reach the argument in the exercise of its discretion, "[t]his Court has no power to review either the unpreserved…
2Cases cited2 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Feinberg v. Saks & Co.New York Court of Appeals · 1982
3Cited by13 opinions
- JF Capital Advisors, LLC v. The Lightstone Group, LLCNew York Court of Appeals · 2015
- Hecker v. StateNew York Court of Appeals · 2013
- Neumire v. Kraft Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Garcia v. Silver Oak USA, Ltd.Appellate Division of the Supreme Court of the State of New York · 2002
- In Re JFCTexas Supreme Court · 2002
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