Elezaj v. P.J. Carlin Construction Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Plaintiff’s version of this construction site accident in which *442he was injured is, for purposes of this appeal, undisputed. As testified to at his deposition, plaintiff, an employee of Fred Todino, was excavating a ditch that at the time was 8 to 91/2 feet deep. The dirt removed from the ditch or trench was put into a "bucket” that was part of a truck or crane. The "crane” was a backhoe machine with a "bucket” that was actually a large scoop attached to a mechanical arm.
Plaintiff was "sort of in command” that day, "telling the others what to do”, and this included telling the crane/backhoe…
2Cases cited12 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
- Chapel v. MitchellNew York Court of Appeals · 1994
- Guillory v. Nautilus Real Estate, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Tambasco v. Norton Co.Appellate Division of the Supreme Court of the State of New York · 1994
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3Cited by10 opinions
- Brown v. New York Economic Development Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Sheridan v. Beaver Tower, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Neumire v. Kraft Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Garcia v. Silver Oak USA, Ltd.Appellate Division of the Supreme Court of the State of New York · 2002
- Lamela v. City of New YorkDistrict Court, E.D. New York · 2008
5 more not listed; retrieve them via the Exa API.