Legal Opinion
Mariani v. New Style Waste Removal Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2000PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Lonschein, J.), dated January 5, 1999, which denied his motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff was allegedly injured when he slipped and fell from the top of a ten-foot-high retaining wall while in the process of storing building materials. It is uncontroverted that there were no ladders, scaffolding, or safety…
2Cases cited8 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Stolt v. General Foods Corp.New York Court of Appeals · 1993
- Hagins v. StateNew York Court of Appeals · 1993
- Brogan v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1990
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3Cited by3 opinions
- Makaj v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Ponce-Francisco v. Plainview-Old Bethpage Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
- Rozmyslowicz v. Keyspan GenerationAppellate Division of the Supreme Court of the State of New York · 2009