Legal Opinion

DeStefano v. Amtad New York, Inc.

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

Decided February 15, 2000PublishedCited by 7 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Edward Lehner, J.), entered November 30, 1998, which in an action for personal injuries by a laborer against the owner and general contractor of a construction site, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, an electrician assigned to turn on the power at the construction site before the other trades arrived, and who was the first person to enter the site on the morning of the accident, has no cause of action under Labor Law § 241 (6) and 12 NYCRR 23-1.7 (d) absent any…

2Cases cited2 opinions

  1. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  2. Rizzuto v. L.A. Wenger Contracting Co.New York Court of Appeals · 1998

3Cited by7 opinions

  1. Paul v. Ryan Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Torkel v. NYU Hospitals CenterAppellate Division of the Supreme Court of the State of New York · 2009
  3. Lois v. Flintlock Construction Services, LLCAppellate Division of the Supreme Court of the State of New York · 2016
  4. D'Antonio v. 1251 Americas AssociatesAppellate Division of the Supreme Court of the State of New York · 2001
  5. Joseph v. Memorial Hosp. for Cancer & Allied DiseasesAppellate Division of the Supreme Court of the State of New York · 2025

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