Legal Opinion
DeLiso v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 2010PublishedCited by 5 opinions
1Opinion of the Court
Contrary to the defendant’s contention, the Court of Claims properly denied those branches of its motion which were for summary judgment dismissing the common-law negligence and Labor Law § 200 claims. In response to the defendant’s prima facie showing that it did not control the work site at which the claimant allegedly was injured, and that it neither created nor had actual or constructive notice of the hazardous conditions that allegedly caused the accident in which the claimant was purportedly injured, the claimant raised a triable issue of fact as to whether the defendant had sufficient…
2Cases cited13 opinions
- O'SULLIVAN v. IDI Construction Company, Inc.New York Court of Appeals · 2006
- Alvia v. Teman Electrical Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Messina v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Aguilera v. Pistilli Construction & Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Wells v. British American Development Corp.Appellate Division of the Supreme Court of the State of New York · 2003
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3Cited by5 opinions
- Doto v. Astoria Energy II, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Aragona v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- Vitale v. Astoria Energy II, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Boody v. El Sol Contr. & Constr. Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- Johnson v. Lend Lease Constr. LMB, Inc.Appellate Division of the Supreme Court of the State of New York · 2018