Legal Opinion
Plotkin v. Franklin
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1992PublishedCited by 16 opinions
1Opinion of the Court
On her motion for summary judgment dismissing the complaint, the defendant met her burden of submitting admissible proof that she did not direct or control the work of the contractor whom she hired to perform pointing work on the brick front of her two-family dwelling (see, Labor Law §§ 240, 241) and that the injury arose from a defect in the contractor’s own tools (see, Persichilli v Triborough Bridge & Tunnel Auth., 16 NY2d 136, 145; Kajowski v Irvico Realty Corp., 37 AD2d 991; cf., Rimoldi v Schanzer, 147 AD2d 541, 546-547). We reject the plaintiff’s contention that summary judgment should…
2Cases cited4 opinions
- Persichilli v. Triborough Bridge & Tunnel AuthorityNew York Court of Appeals · 1965
- Kennerly v. Campbell Chain Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Rimoldi v. SchanzerAppellate Division of the Supreme Court of the State of New York · 1989
- Kajowski v. Irvico Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1971
3Cited by16 opinions
- Bryan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Allen v. VuleyAppellate Division of the Supreme Court of the State of New York · 1996
- Wright v. ShapiroAppellate Division of the Supreme Court of the State of New York · 2005
- Firth v. StateAppellate Division of the Supreme Court of the State of New York · 2001
- DiPace v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1996
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