Legal Opinion

Gavitt v. Citnalta Construction Corp.

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

Decided October 12, 2006PublishedCited by 3 opinions

1Opinion of the Court

*407Judgment, Supreme Court, New York County (Leland De-Grasse, J.), entered August 16, 2005, after jury verdict in favor of defendants Citnalta Construction and New York City Transit Authority (NYCTA), unanimously affirmed, without costs.

The jury found that the unsafe condition of the workplace was not the result of negligence on the part of defendants Citnalta and NYCTA, and they did not violate Industrial Code (12 NYCRR) § 23-1.8 (a) by failing to provide eye protection suitable for the hazardous work performed.

Plaintiffs’ assertion that the verdict was irreconcilably inconsistent is…

2Cases cited5 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Barry v. ManglassNew York Court of Appeals · 1981
  3. Skowronski v. MordinoAppellate Division of the Supreme Court of the State of New York · 2004
  4. Pavlou v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  5. Tanya Knitwear (PVT), Ltd. v. Young Stuff Apparel Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by3 opinions

  1. Penn v. Amchem ProductsAppellate Division of the Supreme Court of the State of New York · 2011
  2. Ramos v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  3. Penn v. Amchem ProductsAppellate Division of the Supreme Court of the State of New York · 2010

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