Legal Opinion

Tilkins v. City of Niagara Falls

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

Decided May 28, 1976PublishedCited by 21 opinions

1Opinion of the CourtSimons, J.

Plaintiff’s intestate was killed on August 23, *3081971 when an earthen trench in which he was working collapsed and buried him. The work was being performed by his employer, third-party defendant Gross Plumbing & Heating Co., Inc., pursuant to a contract with defendant third-party plaintiff City of Niagara Falls, which called for the installation of water and sewer lines on platted but undeveloped city streets. It was plaintiff’s contention that the work was performed without proper safety precautions in violation of section 200 and subdivision 6 of section 241 of the Labor Law and…

2Cases cited29 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  3. Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
  4. Levine v. Shell Oil Co.New York Court of Appeals · 1971
  5. Margolin v. New York Life InsuranceNew York Court of Appeals · 1973

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3Cited by21 opinions

  1. Copertino v. WardAppellate Division of the Supreme Court of the State of New York · 1984
  2. DaBolt v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Nagel v. MetzgerAppellate Division of the Supreme Court of the State of New York · 1984
  4. Staples v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1989
  5. Celestine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982

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