Legal Opinion

Gordon v. Eastern Railway Supply, Inc.

New York Court of Appeals

Decided December 16, 1993PublishedCited by 451 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

Plaintiff instituted this action against defendants Eastern Railway Supply, Inc. and GATX Capital Corp. seeking damages for injuries he sustained when he fell from a ladder while cleaning a railroad car. His appeal presents three questions: (1) is Eastern Railway Supply, Inc., the owner-lessor of the real property upon which an accident took place, subject to strict liability as an "owner” pursuant to Labor Law § 240 (1); (2) is plaintiff’s injury within the hazards contemplated under Labor Law § 240 (1); and (3) are defendants’ allegations that plaintiff was a…

2Cases cited15 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  3. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  4. Kush v. City of BuffaloNew York Court of Appeals · 1983
  5. Haimes v. New York Telephone Co.New York Court of Appeals · 1978

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

3Cited by451 opinions

  1. Joblon v. SolowNew York Court of Appeals · 1998
  2. Felker v. Corning Inc.New York Court of Appeals · 1997
  3. Martinez v. City of New YorkNew York Court of Appeals · 1999
  4. Abbatiello v. Lancaster Studio AssociatesNew York Court of Appeals · 2004
  5. Correia v. Professional Data Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

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

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