Legal Opinion
Johnson v. Small Mall, LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 2010PublishedCited by 2 opinions
1Opinion of the CourtGarry, J.
Appeal from that part of an order of the Supreme Court (Lebous, J.), entered November 9, 2009 in Broome County, which denied plaintiffs motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).
Plaintiff was injured while repairing roof trusses in defendant’s building. To reach the trusses, repair workers walked on wooden joists located below and perpendicular to them. These joists were less than two inches wide and spaced two feet apart. The sheetrock ceiling of the room below was fastened to the underside of the joists, and electrical wiring ran between…
2Cases cited14 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Rocha v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Craft v. Clark Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Dalaba v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by2 opinions
- Davis v. Wyeth Pharmaceuticals, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Maracle v. Autoplace Infiniti, Inc.Appellate Division of the Supreme Court of the State of New York · 2018