Legal Opinion

Misseritti v. Mark IV Construction Co.

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

Decided November 16, 1994PublishedCited by 6 opinions

1Opinion of the Court

—Order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff’s decedent was injured when, according to the complaint, "a wall in a building under construction collapsed and fell on him.” Plaintiff moved for partial summary judgment pursuant to Labor Law § 240 (1). That section was adopted to provide protection against risks created by differences in elevation, that is, risks that are "related to the effects of gravity where protective devices are called for either because of a difference between the elevation level of the required…

2Cases cited10 opinions

  1. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  2. Staples v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1989
  3. Damon v. StarkweatherAppellate Division of the Supreme Court of the State of New York · 1992
  4. Allman v. Frank L. Ciminelli Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
  5. Oden v. Chemung County Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1992

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3Cited by6 opinions

  1. Thompson v. St. Charles CondominiumsAppellate Division of the Supreme Court of the State of New York · 2003
  2. Corsaro v. Mt. Calvary Cemetery, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Klien v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1995
  4. Sabovic v. StateAppellate Division of the Supreme Court of the State of New York · 1996
  5. Schiavone v. HalickiAppellate Division of the Supreme Court of the State of New York · 1995

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

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