Legal Opinion

Destefano v. City of New York

New York Supreme Court

Decided September 29, 2005Published

1Opinion of the Court

OPINION OF THE COURT

Mark I. Partnow, J.

*509Defendant City of New York moves for an order, pursuant to CPLR 3212 and/or 3211 (a) (7), dismissing plaintiffs’ complaint in its entirety. Plaintiffs Steven Destefano and Patricia Destefano, in turn, cross-move for an order, pursuant to CPLR 3212, granting summary judgment on the issue of liability under Labor Law § 240 (1) against the City.

Factual Background

The instant action arises out of an accident which occurred on January 29, 2003, when the plaintiff Steven Destefano sustained injuries after falling from a ladder while working at a building…

2Cases cited28 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  3. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  4. Joblon v. SolowNew York Court of Appeals · 1998
  5. Prats v. Port Authority of New York & New JerseyNew York Court of Appeals · 2003

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