Legal Opinion

Fox v. Tioga Construction Co.

New York Supreme Court

Decided July 30, 2003PublishedCited by 1 opinion

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

  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. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  4. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  5. Auerbach v. BennettNew York Court of Appeals · 1979

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3Cited by1 opinion

  1. Beard v. StateAppellate Division of the Supreme Court of the State of New York · 2006

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