Legal Opinion

McMahon v. 42nd St. Development Project, Inc.

New York Supreme Court

Decided January 9, 2001PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Paul A. Victor, J.

Plaintiffs’ motion to reargue a motion for summary judgment is granted, and on reargument, the Court determines as follows:

Background and Procedural History

Plaintiff, an employee of a subcontractor, was injured on July 10, 1998, when he fell from a platform which was at an elevation above 20 feet, at the exterior of the third floor of a building then under construction as part of the 42nd Street redevelopment project in New York City. Plaintiff claims that he lost his balance as he pulled a beam toward himself, and fell from the platform, both because it…

2Cases cited21 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Weininger v. Hagedorn & Co.New York Court of Appeals · 1998
  3. Smith v. Hooker Chemicals & Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Tate v. Clancy-Cullen Storage Co.Appellate Division of the Supreme Court of the State of New York · 1991
  5. Kyle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000

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3Cited by5 opinions

  1. Rodriguez v. BILTORIA REALTY, LICDistrict Court, E.D. New York · 2003
  2. McAllister v. G & S INVESTORSDistrict Court, E.D. New York · 2005
  3. Robinson v. City of New YorkNew York Supreme Court · 2004
  4. Moura v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
  5. Robinson v. City of New YorkNew York Supreme Court, Bronx County · 2004

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