Legal Opinion

Costa v. State of New York

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

Decided May 26, 2016PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

This appeal raises the issue of whether New York State, despite its status as the owner of Pier 40 in Hudson River Park, can avoid an owner’s absolute liability under the Labor Law by reliance on the legislature’s turnover of the stewardship — but technically not ownership — of the property to a public benefit corporation.

On March 22, 2013, claimant Modesto Costa, a construction worker hired by Padilla Construction Services to perform the stair renovation on a stair renovation project inside a building located at Pier 40, was injured when a metal beam collapsed and…

2Cases cited7 opinions

  1. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  2. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  3. Haimes v. New York Telephone Co.New York Court of Appeals · 1978
  4. Sanatass v. Consolidated Investing Co.New York Court of Appeals · 2008
  5. Coleman v. City of New YorkNew York Court of Appeals · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Mustafa Sullivan v. New York City Police Department; Hudson River Park Trust; Noreen Doyle; Christine Fazio; Robert AtterberyDistrict Court, S.D. New York · 2026

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