Legal Opinion
Somereve v. Plaza Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 18, 2016No. 15085 150136/12PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Anil C. Singh, J.), entered January 16, 2014, which granted plaintiffs’ motion for partial summary judgment on the Labor Law § 240 (1) cause of action, affirmed, without costs.
The injured plaintiff testified that on the day of the alleged accident, he was operating a prime mover, which resembles a mini-forklift, to hoist a load of bricks onto a scaffold 5V2 to 6 feet high. Plaintiff testified that the forks had to be about four to six inches away from the edge of the scaffold as he raised them to place the load on the scaffold; if the forks were too…
2Cases cited12 opinions
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Runner v. New York Stock Exchange, Inc.New York Court of Appeals · 2009
- Orellano v. 29 East 37th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Nacewicz v. Roman Catholic Church of the Holy CrossAppellate Division of the Supreme Court of the State of New York · 2013
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3Cited by2 opinions
- Hoyos v. NY-1095 Avenue of the Americas, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Hoyos v. NY-1095 Avenue of the Americas, LLCAppellate Division of the Supreme Court of the State of New York · 2017