Legal Opinion

Morales v. D & A Food Service

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

Decided June 28, 2007PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered on or about September 26, 2005, which, insofar as appealed from as limited by the briefs, granted the motion of defendant Gamillo M. Santomero, III, for summary judgment to dismiss the Labor Law § 240 (1) claim as against him, and denied plaintiffs cross motion for summary judgment on that claim, affirmed, without costs.

Defendant Santomero, as landlord, leased the subject commercial property to defendant D & A Food Service pursuant to a written agreement which prohibited the tenant from “mak[ing] any structural alterations in…

2Cases cited7 opinions

  1. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  2. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  3. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  4. Abbatiello v. Lancaster Studio AssociatesNew York Court of Appeals · 2004
  5. Panek v. County of AlbanyNew York Court of Appeals · 2003

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3Cited by2 opinions

  1. Morton v. StateNew York Court of Appeals · 2010
  2. Morton v. StateNew York Court of Appeals · 2010

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