Legal Opinion

Foote v. Lyonsdale Energy Limited Partnership

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

Decided November 23, 2005PublishedCited by 3 opinions

1Opinion of the CourtCardona, P.J.

Cross appeals from an order of the Supreme Court (Dawson, J.), entered March 25, 2004 in Clinton County, which, inter alia, partially granted the cross motion of defendants Lyonsdale Energy Limited Fartnership and Moose River Energy, Inc. for summary judgment dismissing the complaint against them.

On March 8, 1996, plaintiff Glenn A. Foote, Jr. (hereinafter plaintiff) was working on an elevated wood chip stacker at the Lyonsdale Cogeneration Facility in the Town of Lyonsdale, Lewis County, when the stacker partially collapsed, causing plaintiff to sustain injuries. Flaintiff was an employee of…

2Cases cited19 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
  3. Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
  4. Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995
  5. Nieves v. Five Boro Air Conditioning & Refrigeration Corp.New York Court of Appeals · 1999

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3Cited by3 opinions

  1. Guenther v. Modern Continental CompaniesDistrict Court, E.D. New York · 2008
  2. McDonald v. UICC Holding, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. Cangialosi v. Gotham Construction. Co.New York Supreme Court · 2008

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