Legal Opinion

McLaughlin v. Malone & Tate Builders, Inc.

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

Decided December 16, 2004PublishedCited by 8 opinions

1Opinion of the Court

Crew III, J.P

Appeal from an order of the Supreme Court (Cannizzaro, J.), entered October 29, 2003 in Albany County, *860which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

In July 1998, plaintiff was employed as a mason by a subcontractor of defendant, who was the general contractor on a construction project. Plaintiff was working on an outrigger at the third level of a scaffold when he was struck by two concrete blocks that fell from a stack of blocks on the level above him. As a consequence, plaintiff commenced this action alleging violations of Labor Law…

2Cases cited3 opinions

  1. Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
  2. Benamati v. McSkimmingAppellate Division of the Supreme Court of the State of New York · 2004
  3. Jordan v. Blue Circle Atlantic, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by8 opinions

  1. Buckley v. Columbia Grammar & PreparatoryAppellate Division of the Supreme Court of the State of New York · 2007
  2. Waitkus v. Metropolitan Housing PartnersAppellate Division of the Supreme Court of the State of New York · 2008
  3. Perillo v. Lehigh Construction Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Zamajtys v. CholewaAppellate Division of the Supreme Court of the State of New York · 2011
  5. Diaz v. P&K Contr., Inc.Appellate Division of the Supreme Court of the State of New York · 2024

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