Legal Opinion

Desharnais v. Jefferson Concrete Co.

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

Decided December 21, 2006PublishedCited by 12 opinions

1Opinion of the CourtKane, J.

Appeal from an order of the Supreme Court (Demarest, J.), entered March 31, 2006 in Franklin County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

Defendant delivered a three-piece septic tank to a residence in Franklin County. Plaintiff Jean Louis Desharnais (hereinafter plaintiff) was present on the property as a consulting engineer. Defendant’s employee was releasing the chains attached to the second part of the septic tank when, as a result of a broken nut, a lifting mechanism attached to defendant’s truck (hereinafter the spreader bar) swung…

2Cases cited12 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
  3. Rodriguez v. Margaret Tietz Center for Nursing Care, Inc.New York Court of Appeals · 1994
  4. Toefer v. Long Islan Rail RoadNew York Court of Appeals · 2005
  5. Blysma v. County of SaratogaAppellate Division of the Supreme Court of the State of New York · 2002

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Jock v. Landmark Healthcare Facilities, LLCAppellate Division of the Supreme Court of the State of New York · 2009
  2. Chapman v. Town of CopakeAppellate Division of the Supreme Court of the State of New York · 2009
  3. Len v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  4. Mueller v. PSEG Power New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  5. King v. PerrotteAppellate Division of the Supreme Court of the State of New York · 2008

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API