Legal Opinion

Brugnano v. Merrill Lynch & Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 6, 1995PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Carol Huff, J.), entered November 7, 1994, which granted both a motion and cross-motion to dismiss the complaint and the related additional-party pleadings and denied plaintiffs’ motion for leave to amend their bill of particulars, unanimously affirmed, without costs.

*19Since plaintiff employee was employed to clear away the very debris that posed a hazard in the work place, the IAS Court properly dismissed the complaint (Kowalsky v Conreco Co., 264 NY 125). Defendants could not have provided plaintiff with a work place that was safe from the defect that…

2Cases cited4 opinions

  1. Kowalsky v. Conreco CompanyNew York Court of Appeals · 1934
  2. Lawyer v. Rotterdam Ventures, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Senkbeil v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1965
  4. Spielberger v. GiambalvoAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by6 opinions

  1. Jackson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2006
  2. Hansen v. Trustees of the Methodist Episcopal Church of Glen CoveAppellate Division of the Supreme Court of the State of New York · 2008
  3. Lopez v. Fordham UniversityAppellate Division of the Supreme Court of the State of New York · 2010
  4. Henriquez v. New 520 Gsh LLCAppellate Division of the Supreme Court of the State of New York · 2011
  5. Rosciano v. Royal Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

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