Legal Opinion
Marc A. Nicometi v. The Vineyards of Fredonia, LLC / Scott Pfohl v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co.
New York Court of Appeals
Decided April 2, 2015No. 31PublishedCited by 76 opinions
1Opinion of the Court
OPINION OF THE COURT
Stein, J.
In this personal injury action, we are called upon to determine whether Labor Law § 240 (1) applies where plaintiff sustained injuries after he slipped on ice and fell to the floor while using stilts to install insulation in a ceiling. Because we *94conclude that plaintiffs accident does not fit within the ambit of Labor Law § 240 (1), we modify the Appellate Division order on that ground.
L
One morning in January 2006, plaintiff Marc Nicometi, a construction worker, was installing insulation in the ceilings of a newly constructed apartment building development in the…
2Cases cited27 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
- Runner v. New York Stock Exchange, Inc.New York Court of Appeals · 2009
22 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Doto v. Astoria Energy II, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Torres v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Thomas J. O'Brien v. Port Authority of New York and New JerseyNew York Court of Appeals · 2017
- Guallpa v. Canarsie Plaza, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Escobar v. SafiAppellate Division of the Supreme Court of the State of New York · 2017
71 more not listed; retrieve them via the Exa API.