Legal Opinion
VANDERWALL, SHANE v. 1255 PORTLAND AVENUE LLC
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 2015No. CA 14-01640PublishedCited by 2 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered November 12, 2013. The order, among other things, granted those parts of the motions of defendants for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from is modified on the law by denying those parts of the motions of defendants seeking dismissal of the Labor Law § 241 (6) claim insofar as that claim is based upon a violation of Industrial Code (12 NYCRR) § 23-9.5 (c) and reinstating the complaint to that extent, and as modified the order is affirmed without…
2Cases cited6 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998
- Morris v. Pavarini ConstructionNew York Court of Appeals · 2007
- Puckett v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1999
- Webber v. City of DunkirkAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by2 opinions
- Malvestuto v. Town of LancasterAppellate Division of the Supreme Court of the State of New York · 2022
- Vicki v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2023