Legal Opinion

Downey v. R. W. Garraghan, Inc.

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

Decided November 4, 1993PublishedCited by 12 opinions

1Opinion of the CourtYesawich Jr., J.

Appeal from that part of an order of *571the Supreme Court (Bradley, J.), entered September 24, 1992 in Ulster County, which denied defendant’s motion for summary judgment dismissing the complaint.

In this negligence action, plaintiff Patrick Downey (hereinafter plaintiff) and his wife, derivatively, seek to recover for injuries suffered when plaintiff fell from shelving during the course of his employment with third-party defendant Heritage Oil Delivery Service, Inc. (hereinafter Heritage). The shelving, which consisted of pallets placed on three levels of a steel bracket structure, was located…

2Cases cited2 opinions

  1. De Brino v. BenequistaAppellate Division of the Supreme Court of the State of New York · 1991
  2. Buckowski v. SmithAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by12 opinions

  1. Stickles v. FullerAppellate Division of the Supreme Court of the State of New York · 2004
  2. Vanderlyn v. DalyAppellate Division of the Supreme Court of the State of New York · 2012
  3. Webb v. AudiAppellate Division of the Supreme Court of the State of New York · 1994
  4. Hart v. O'BrienAppellate Division of the Supreme Court of the State of New York · 2010
  5. Davison v. WiggandAppellate Division of the Supreme Court of the State of New York · 1999

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