Legal Opinion
Ero v. Graystone Materials, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 16, 1998PublishedCited by 5 opinions
1Opinion of the Court
—Spain, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered March 11, 1998 in *813Clinton County, which, inter alia, granted petitioner’s application pursuant to CPLR 3102 for pre-action discovery from respondent.
On September 20, 1995 at approximately 11:00 a.m., petitioner, a truck driver employed by respondent, was operating a 1988 Euclid Hauler truck when, while exiting, he fell off a horizontal platform on the Hauler and hit his head on the ground sustaining serious injuries. The record indicates that there was no railing or guardrail of any type around the platform. Following…
2Cases cited9 opinions
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Denny v. Ford Motor Co.New York Court of Appeals · 1995
- Sagorsky v. MalyonNew York Court of Appeals · 1954
- McCummings v. New York City Transit AuthorityNew York Court of Appeals · 1993
- Pigliavento v. Tyler Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 1998
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3Cited by5 opinions
- Dublin Worldwide Productions (USA), Inc. v. Jam Theatricals, Ltd.District Court, S.D. New York · 2001
- Public Relations Society of America, Inc. v. Road Runner High Speed OnlineNew York Supreme Court · 2005
- In re WittmanNew York Supreme Court · 2008
- Murray Energy Corp. v. Reorg Research, Inc.New York Supreme Court · 2017
- Toal v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 2002