Terry v. Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs’ motion for partial summary judgment on liability on the Labor Law § 240 claim and granted that part of defendants’ cross motion seeking summary judgment dismissing that claim. Ronnie L. Terry (plaintiff) was injured while working on a garage demolition project when a piece of the wall near where he was working fell on him as a result of vibrations from a Trac-Hoe. Because the base of the wall was at the same elevation as plaintiff’s worksite, the Labor Law § 240 (1) claim was properly dismissed…
2Cases cited8 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995
- Gawel v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Klien v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1995
- Murtha v. Integral Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1998
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3Cited by7 opinions
- Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
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- Roosa v. Cornell Real Property Servicing, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Bennett v. SDS HoldingsAppellate Division of the Supreme Court of the State of New York · 2003
- Amerson v. Melito Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2007
2 more not listed; retrieve them via the Exa API.