Legal Opinion
Rodriguez v. Margaret Tietz Center for Nursing Care, Inc.
New York Court of Appeals
Decided September 13, 1994PublishedCited by 116 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and plaintiff’s cause of action based on Labor Law §240 dismissed.
Plaintiff in this case was exposed to the usual and ordinary dangers of a construction site, and not the extraordinary elevation risks envisioned by Labor Law § 240 (1). In placing a 120-pound beam onto the ground from seven inches above his head with the assistance of three other co-workers, Rodriguez
was not faced with the special elevation risks contemplated by the statute…
2Cases cited2 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
3Cited by116 opinions
- Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
- Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995
- Ortiz v. Varsity Holdings, LLCNew York Court of Appeals · 2011
- Toefer v. Long Islan Rail RoadNew York Court of Appeals · 2005
- Melber v. 6333 Main Street, Inc.New York Court of Appeals · 1998
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