Legal Opinion
Dias v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided October 24, 2013PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Louis B. York, J.), entered August 1, 2012, which granted plaintiff’s motion for summary judgment on the issue of liability under Labor Law § 240 (1), unanimously affirmed, without costs.
Plaintiff, employed by defendants’ subcontractor on the Second Avenue Subway Project, made a prima facie showing of his entitlement to judgment as a matter of law. He submitted, among other things, his deposition testimony that he was directing a backfill truck over a water main trench to a utility trench, when he fell through an unshielded opening in the water main…
2Cases cited5 opinions
- Salazar v. Novalex Contracting Corp.New York Court of Appeals · 2011
- Vergara v. SS 133 West 21, LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Romanczuk v. Metropolitan Insurance & Annuity Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Sanford v. 27-29 W. 181st Street Ass'nAppellate Division of the Supreme Court of the State of New York · 2002
- Reavely v. Yonkers Raceway Programs, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
3Cited by4 opinions
- Central Mortgage Co. v. JahnsenAppellate Division of the Supreme Court of the State of New York · 2017
- Gjeka v. Iron Horse Transport, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Fletcher v. Brookfield PropertiesAppellate Division of the Supreme Court of the State of New York · 2016
- Flores v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2018