Smerka v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
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
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Staples v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1989
- Lillis v. D'SouzaAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by9 opinions
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- Misseritti v. Mark IV Construction Co.Appellate Division of the Supreme Court of the State of New York · 1994
- 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.