Legal Opinion
Iuliani v. Great Neck Sewer District
New York Court of Appeals
Decided February 12, 1976PublishedCited by 10 opinions
1Opinion of the Court
Memorandum Upon the proof submitted to the trial court the complaint was properly dismissed.
Section 241 of the Labor Law imposes a nondelegable duty on the general contractor or owner to provide a safe place to work. However, he is not responsible for injuries caused by the negligent acts of subcontractors when he—the owner or general contractor—has exercised no control or supervision of the work site. Under those circumstances there is no breach of the duty imposed by section 241 of the Labor Law. (Bidetto v New York City Housing Auth., 25 NY2d 848; Persichilli v Triborough Bridge & Tunnel…
2Cases cited5 opinions
- Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
- Hess v. Bernheimer & Schwartz Pilsener Brewing Co.New York Court of Appeals · 1916
- Persichilli v. Triborough Bridge & Tunnel AuthorityNew York Court of Appeals · 1965
- Wright v. Belt Associates, Inc.New York Court of Appeals · 1964
- Bidetto v. New York City Housing AuthorityNew York Court of Appeals · 1969
3Cited by10 opinions
- Haimes v. New York Telephone Co.New York Court of Appeals · 1978
- Nagel v. D & R REALTY CORP.New York Court of Appeals · 2002
- Smith v. Hooker Chemicals & Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Tilkins v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1976
- Molinari v. Conforti & Eisele, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
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