Legal Opinion
Martinez v. Hitachi Construction Machinery Co.
New York Supreme Court
Decided August 18, 2006PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Lucy Billings, J.
Plaintiff, an employee of defendant Kids Waterfront Corp., sues to recover for traumatic personal injuries, including bilateral amputation of his legs, from an excavator owned by defendant Sanzo Enterprises, Inc., and operated by Jose Ochoa, a co-employee of Kids Waterfront. Sanzo Enterprises has moved for summary judgment dismissing the complaint against this defendant (CPLR 3212 [b]). For the reasons explained below, the court grants Sanzo Enterprises’ motion to the extent set forth and otherwise denies the motion (CPLR 3212 [b], [e]).
I. Undisputed…
2Cases cited94 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Comes v. New York State Electric & Gas Corp.New York Court of Appeals · 1993
- Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998
- Russin v. Louis N. Picciano & SonNew York Court of Appeals · 1981
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3Cited by3 opinions
- DDR Construction Services, Inc. v. Siemens Industry, Inc.District Court, S.D. New York · 2011
- Falkowski v. Krasdale Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Sawicki v. AGA 15th Street, LLCAppellate Division of the Supreme Court of the State of New York · 2016