Legal Opinion

Cardenas v. One State Street, LLC

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

Decided December 3, 2009PublishedCited by 18 opinions

1Opinion of the Court

*437Contrary to defendant’s contention, plaintiff was exposed to an elevation-related hazard when he was instructed to pry from the wall an 80-pound, three-foot-high-by-five-foot-wide-by-one-foot-deep electrical panel that was positioned six or seven feet above the ground, and lower it to the floor. He was thereby engaging in an activity covered by section 240 (1) (see Francis v Foremost Contr. Corp., 47 AD3d 672 [2008]). Plaintiff testified that the panel was too heavy and bulky to hold in his hands as he was removing and lowering it, and that the only way to get it down without a hoist or other…

2Cases cited9 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Salinas v. Barney Skanska Construction Co.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Brown v. VJB Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Gawel v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Kosavick v. Tishman Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2008

4 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Pritchard v. Tully Construction Co.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Vasquez v. Urbahn Associates Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  3. 87 Chambers, LLC v. 77 Reade, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  4. Natoli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  5. Mayorga v. 75 Plaza LLCAppellate Division of the Supreme Court of the State of New York · 2021

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API