Legal Opinion

Rodriguez v. 1-10 Industry Associates, LLC

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

Decided June 20, 2006PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated February 4, 2005, which denied his motion for summary judgment on the issue of liability on his claims pursuant to Labor Law § 240 (1) and § 241 (6), and granted the defendants’ cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

To assert an actionable claim under Labor Law § 240 (1), a plaintiff must establish that he or she was injured during “the erection, demolition, repairing, altering,…

2Cases cited5 opinions

  1. Joblon v. SolowNew York Court of Appeals · 1998
  2. Jock v. FienNew York Court of Appeals · 1992
  3. Martinez v. City of New YorkNew York Court of Appeals · 1999
  4. Yong Ju Kim v. Herbert Construction Co.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Vilardi v. BerleyAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by5 opinions

  1. Shea v. Bloomberg, L.P.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Enos v. Werlatone, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Holler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  4. Panico v. Advanstar Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Diaz v. ChryslerAppellate Division of the Supreme Court of the State of New York · 2006

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