Brugnano v. Merrill Lynch & Co.
Appellate Division of the Supreme Court of the State of New York
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
- Kowalsky v. Conreco CompanyNew York Court of Appeals · 1934
- Lawyer v. Rotterdam Ventures, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Senkbeil v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1965
- Spielberger v. GiambalvoAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- Jackson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2006
- Hansen v. Trustees of the Methodist Episcopal Church of Glen CoveAppellate Division of the Supreme Court of the State of New York · 2008
- Lopez v. Fordham UniversityAppellate Division of the Supreme Court of the State of New York · 2010
- Henriquez v. New 520 Gsh LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Rosciano v. Royal Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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