Legal Opinion

Pitre v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 2012PublishedCited by 1 opinion

1Opinion of the Court

*662Contrary to the plaintiffs’ contention, the Supreme Court properly granted the motions of the defendant third-party plaintiff and the third-party defendant (hereinafter together the defendants), made at the close of evidence, for judgment as a matter of law dismissing the cause of action to recover damages based upon a violation of Labor Law § 241 (6). The plaintiffs did not identify in their complaint or verified bill of particulars the specific sections of the Industrial Code relied upon in opposition to the defendants’ motions. Additionally, the plaintiffs did not move to amend their…

2Cases cited4 opinions

  1. Szczerbiak v. PilatNew York Court of Appeals · 1997
  2. Nestro v. HarrisonAppellate Division of the Supreme Court of the State of New York · 2010
  3. Smith v. Hercules Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Owen v. Commercial Sites, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

3Cited by1 opinion

  1. Benegas v. Ardsley Country Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2024

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