Legal Opinion

Martinez v. City of New York

New York Court of Appeals

Decided May 13, 1999PublishedCited by 134 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

Plaintiff was injured when he fell from a height while performing asbestos inspection work in a school building owned by defendant City of New York and operated by the New York City Board of Education. We must decide whether the work in which plaintiff was engaged when he was injured fell within the ambit of Labor Law § 240 (1). We hold that it did not.

Plaintiff Walfredo Martinez was hired in August 1993 as an “environmental inspector” by third-party defendant L.J. Gonzer Associates, a placement agency, and was assigned to work for defendant/third-party…

2Cases cited8 opinions

  1. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  2. Lombardi v. StoutNew York Court of Appeals · 1992
  3. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  4. Joblon v. SolowNew York Court of Appeals · 1998
  5. Quigley v. . ThatcherNew York Court of Appeals · 1912

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3Cited by134 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Prats v. Port Authority of New York & New JerseyNew York Court of Appeals · 2003
  3. Panek v. County of AlbanyNew York Court of Appeals · 2003
  4. Joseph Saint v. Syracuse Supply CompanyNew York Court of Appeals · 2015
  5. Martinez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010

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