Legal Opinion
Keneally v. 400 Fifth Realty
Appellate Division of the Supreme Court of the State of New York
Decided October 29, 2013PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Richard F. Braun, J.), entered December 10, 2012, which, to the extent appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing plaintiff’s claim under Labor Law § 241 (6), unanimously affirmed, without costs.
Industrial Code (12 NYCRR) § 23-1.12 (c) (1) is applicable because plaintiff was using a “power-driven saw” at the time of his accident within the meaning of that provision. Nonetheless, triable issues of fact exist as to whether the regulation was violated because the saw provided to plaintiff had a…
2Cases cited5 opinions
- Ritt v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1992
- Ortega v. Everest Realty LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Ambac Assurance Corp. v. DLJ Mortgage Capital, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Franco v. Jay Cee of New York Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Boruch v. MorawiecAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by8 opinions
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- Rohan v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 2016
- Alameda-Cabrera v. Noble Electrical Contracting Co.Appellate Division of the Supreme Court of the State of New York · 2014
- Alameda-Cabrera v. Noble Electrical Contracting Co.Appellate Division of the Supreme Court of the State of New York · 2014
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