Legal Opinion

Ortega v. Puccia

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

Decided October 28, 2008PublishedCited by 308 opinions

1Opinion of the Court

OPINION OF THE COURT

Dillon, J.

This appeal presents us with an occasion to discuss the precise standard that must be applied in determining summary judgment motions involving causes of action asserting violations of Labor Law § 200, when an accident arises out of the methods or manner of work at a work site rather than a dangerous or defective condition of the premises.

*56I. Relevant Facts

The facts underlying this appeal are fairly straightforward. The plaintiff Javier Alcides Ortega (hereinafter the plaintiff) was injured on Sunday, August 8, 2007, while performing work in the scope of his…

2Cases cited68 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  3. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  4. Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
  5. Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998

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3Cited by308 opinions

  1. Chowdhury v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2008
  2. Reyes v. Arco Wentworth Management Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Rojas v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2010
  4. Doto v. Astoria Energy II, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  5. Slikas v. Cyclone Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2010

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