Legal Opinion

Auriemma v. Biltmore Theatre, LLC

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

Decided January 27, 2011PublishedCited by 80 opinions

1Opinion of the Court

OPINION OF THE COURT

Catterson, J.

In this personal injury action, the plaintiff asserts that a four-foot-deep open pit at his work site was an elevation-related hazard for which the defendants failed to provide a safety device as required by Labor Law § 240 (1). Because the defendants have not raised an issue of fact with regard to a violation of the statute or whether the plaintiff was the sole proximate cause of his own injuries, partial summary judgment is granted in favor of the plaintiff.

Jimmy Auriemma, the plaintiff in this case, is an electrician who was employed by Mass Electric…

2Cases cited31 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
  3. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  4. Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
  5. Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991

26 more not listed; retrieve them via the Exa API.

3Cited by80 opinions

  1. Ventimiglia v. Thatch, Ripley & Co.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Lipari v. AT Spring, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  3. Higgins v. TST 375 Hudson, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2020
  4. Ervin v. Consolidated EdisonAppellate Division of the Supreme Court of the State of New York · 2012
  5. Eustaquio v. 860 Cortlandt Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2012

75 more not listed; retrieve them via the Exa API.

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