Legal Opinion

Smerka v. Niagara Mohawk Power Corp.

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

Decided July 15, 1994No. Appeal No. 1PublishedCited by 9 opinions

1Opinion of the Court

Judgment unanimously reversed on the law without costs, partial summary judgment granted to defendant dismissing plaintiffs’ cause of action under Labor Law § 240 (1) and trial granted on liability only on remaining causes of action. Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff Michael Smerka (plaintiff) while working as a boilermaker for Combustion Engineering, Inc., at defendant’s plant. As plaintiff was walking through the "economizer” on his way to a work site, an element weighing over 1,000 pounds "tipped over” and fell on him,…

2Cases cited10 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. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  4. Staples v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1989
  5. Lillis v. D'SouzaAppellate Division of the Supreme Court of the State of New York · 1991

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

3Cited by9 opinions

  1. Runner v. New York Stock Exchange, Inc.Court of Appeals for the Second Circuit · 2009
  2. Corsaro v. Mt. Calvary Cemetery, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Wilhouski v. Canon U.S.A.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Misseritti v. Mark IV Construction Co.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Vitaliotis v. Village of SaltaireAppellate Division of the Supreme Court of the State of New York · 1996

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API