Legal Opinion

Rodriguez v. Gilbane/TDX Joint Venture

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

Decided January 15, 2013Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered April 10, 2012, which, to the extent appealed from, denied plaintiffs motion for partial summary judgment on the issue of defendants Gilbane/TDX Joint Venture, Gilbane Inc., and TDX Construction Corp.’s (the Gilbane/TDX defendants) liability under Labor Law § 240 (1), granted, in part, the Gilbane/ TDX defendants’ cross motion for summary judgment dismissing plaintiff’s complaint on the ground that the Gilbane/TDX defendants, as the construction manager, did not supervise, direct or control the plaintiff’s work, unanimously…

2Cases cited2 opinions

  1. Walls v. Turner Construction CompanyNew York Court of Appeals · 2005
  2. Higgins v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2012

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