Legal Opinion

Cangialosi v. Gotham Construction. Co.

New York Supreme Court

Decided October 22, 2008Published

1Opinion of the Court

OPINION OF THE COURT

Jack M. Battaglia, J.

*190Plaintiffs Frank Cangialosi and Nelson Hernandez were employed in the construction of a building at 10 West End Avenue in Manhattan when, on June 14, 2006, they fell from the 20th floor where they were working to the floor below. They allege causes of action based on Labor Law §§ 200, 240 and 241 against defendant Ten West End Avenue Holdings, LLC, the owner of the work site, and defendant Gotham Construction Company, LLC, the general contractor. With this motion, they seek an order, presumably pursuant to CPLR 3212, for summary judgment on liability…

2Cases cited71 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  3. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  4. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  5. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985

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