Fox v. Tioga Construction Co.
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Robert F. Julian, J.
*262relief requested: Plaintiff moves for summary judgment on liability pursuant to Labor Law § 240.
holding: Motion granted. Plaintiff fell from an elevated work site which was not provided with required safety devices, and the defendant is liable as a matter of law pursuant to Labor Law § 240.
discussion: Plaintiff Theodore Fox, Jr. was injured on October 10, 2002 when a pedestrian bridge then being constructed over and as part of the new Utica-Rome Expressway in Marcy, New York, collapsed, causing Fox to fall over 30 feet and sustain serious injuries. Fox…
2Cases cited21 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
- Auerbach v. BennettNew York Court of Appeals · 1979
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3Cited by1 opinion
- Beard v. StateAppellate Division of the Supreme Court of the State of New York · 2006