Legal Opinion
Nagel v. D & R REALTY CORP.
New York Court of Appeals
Decided November 14, 2002PublishedCited by 122 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issue before this Court is whether a laborer injured while performing a two-year safety test on an elevator can recover under Labor Law § 241 (6). Because the protections of Labor Law § 241 (6) do not apply to claims arising out of maintenance of a building or structure outside of the construction context, such claims must fail.
Bruce Nagel was standing on top of an elevator, performing a two-year safety inspection, when he slipped on oil and fell, injuring his right shoulder. Nagel, and his wife derivatively, brought an action against D & R Realty Corp., the…
2Cases cited4 opinions
- Joblon v. SolowNew York Court of Appeals · 1998
- Mosher v. StateNew York Court of Appeals · 1992
- Page v. StateNew York Court of Appeals · 1982
- Iuliani v. Great Neck Sewer DistrictNew York Court of Appeals · 1976
3Cited by122 opinions
- Esposito v. New York City Industrial Development AgencyNew York Court of Appeals · 2003
- Joseph Saint v. Syracuse Supply CompanyNew York Court of Appeals · 2015
- Martinez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Gallello v. MARJ Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Azad v. 270 5th Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2007
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