Legal Opinion
Haimes v. New York Telephone Co.
New York Court of Appeals
Decided December 21, 1978PublishedCited by 160 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
This action for wrongful death is grounded on an alleged violation of section 240 of the Labor Law of the State of New York. The basic question we are called upon to decide is whether a breach of the duties prescribed by that statute gives rise to absolute liability on the part of an owner of a building despite the fact that the owner exercised no supervision, control or direction of the work being performed and that the person injured by the violation was a self-employed independent contractor whom the owner had engaged to do the work.
Subdivision 1 of section…
2Cases cited6 opinions
- Teller v. Prospect Heights HospitalNew York Court of Appeals · 1939
- Rocha v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Kappel v. Fisher Bros.New York Court of Appeals · 1976
- Carinha v. Action Crane Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Iuliani v. Great Neck Sewer DistrictNew York Court of Appeals · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by160 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Russin v. Louis N. Picciano & SonNew York Court of Appeals · 1981
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
155 more not listed; retrieve them via the Exa API.