Kahn v. Gates Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Connor, J.
On this appeal from a judgment dismissing plaintiff’s complaint after the presentation of the plaintiff’s case to the jury, the principal question is whether the plaintiff presented a prima facie case of common-law negligence, as well as violations of section 240 and subdivision 6 of section 241 of the Labor Law. Under the facts of this case, we answer the question in the affirmative. As a threshold issue, we also determine that the alleged applicability of maritime law does not affect the remedies available to and chosen by the plaintiff.
I
On June 16, 1978,…
2Cases cited54 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
- The HarrisburgSupreme Court of the United States · 1886
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