Legal Opinion
FELLER, ROGER D. v. EARTH LEASING, LLC
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2016No. CA 15-00767Published
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered January 8, 2015. The order granted the motion of defendants Earth Leasing, LLC and Alliance Contracting, LLC to dismiss plaintiffs’ complaint against them.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiffs commenced this action in August 2010 to recover damages for injuries sustained by Roger D. Feller (plaintiff) when a piece of rebar was propelled into the back of his head as he operated an excavator at a demolition site in July 2006.…
2Cases cited8 opinions
- McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
- In re City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2005
- Thompson v. UnczurAppellate Division of the Supreme Court of the State of New York · 1976
- Yaddow v. BiancoAppellate Division of the Supreme Court of the State of New York · 2014
- Juman v. Louise Wise ServicesAppellate Division of the Supreme Court of the State of New York · 2004
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