Legal Opinion

Hodges v. Boland's Excavating & Topsoil, Inc.

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

Decided December 22, 2005PublishedCited by 5 opinions

1Opinion of the CourtKane, J.

Appeal from an order of the Supreme Court (Hester, Jr., J.), entered December 2, 2004 in Broome County, which, inter alia, granted a cross motion by defendant Conklin Crushed Stone and Gravel, LLC for summary judgment dismissing the complaint.

Defendant Conklin Crushed Stone and Gravel, LLC (hereinafter defendant) leased a site to plaintiffs employer, who sought to develop it as a gravel pit. Plaintiffs employer brought a power screen to the property. The power screen, which is used to screen gravel or make sand, operates by taking material dumped from a pay loader into the hopper end, sending…

2Cases cited24 opinions

  1. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  2. Joblon v. SolowNew York Court of Appeals · 1998
  3. Panek v. County of AlbanyNew York Court of Appeals · 2003
  4. Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
  5. Lewis-Moors v. Contel of New York, Inc.New York Court of Appeals · 1991

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

3Cited by5 opinions

  1. McCoy v. KirschAppellate Division of the Supreme Court of the State of New York · 2012
  2. Len v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  3. Allen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  4. Lopez v. 6071 Enters., LLCAppellate Division of the Supreme Court of the State of New York · 2018
  5. McCoy v. KirschAppellate Division of the Supreme Court of the State of New York · 2012

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