Legal Opinion

Oakes v. Wal-Mart Real Estate Business Trust

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

Decided July 19, 2012Published

1Opinion of the Court

*33OPINION OF THE COURT

Mercure, J.P.

Plaintiff Darby J. Oakes (hereinafter plaintiff) and his wife, derivatively, commenced this personal injury action after his legs were crushed in an accident on the premises of a construction site owned by defendant Wal-Mart Real Estate Business Trust in the Town of Massena, Franklin County. Plaintiff, an iron worker, was employed as a supervisor by third-party defendant, J.T. Erectors, LLC, a subcontractor retained by the general contractor, defendant Murnane Building Contractors, Inc. Defendant Luck Builders, Inc. (sued herein as Luck Brothers, Inc.,…

2Cases cited36 opinions

Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998

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