Legal Opinion
Smith v. McClier Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2007PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about July 26, 2006, which, in denying so much of the motion by third third-party defendant Eurotech Construction Company (not a party to this appeal) for summary judgment dismissing plaintiffs claim under Labor Law § 241 (6) as based on Industrial Code (12 NYCRR) § 23-1.7 (e), found that plaintiff had also stated claims under section 241 (6) as based on 12 NYCRR 23-2.7 (e) and 23-1.7 (b) (1) (i), unanimously modified, on the law, the finding as to section 23-1.7 (b) (1) (i) vacated, and otherwise affirmed, without costs.
2Cases cited5 opinions
- Kanarvogel v. Tops Appliance City, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Frank v. Meadowlakes Development Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Transamerica Insurance v. Tolis Inn, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Contrera v. Gesher Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Shea v. 5008 Broadway AssociatesAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by9 opinions
- Vasquez Ex Rel. Bautista v. GMD Shipyard Corp.Court of Appeals for the Second Circuit · 2009
- Pope v. Safety & Quality Plus, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Godoy v. Baisley Lumber Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Rookwood v. Hyde Park Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Lupo v. Pro Foods, LLCAppellate Division of the Supreme Court of the State of New York · 2009
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