Ortlieb v. Town of Malone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Demarest, J.), entered December 11, 2002 in Franklin County, which, inter alia, granted plaintiff’s motion for partial summary judgment.
Plaintiff, a “pipe layer,” was installing a water line for defendant when a 20-foot section of iron ductile pipe, weighing approximately 850 pounds, rolled into the six-foot deep trench in which he was working, injuring him. Plaintiff’s crew had braced the pipe with blocks, clumps of dirt, rocks or wood. Nevertheless, vibrations from a trackhoe and muddy conditions caused the pipe to become loose and roll down a…
2Cases cited14 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
- Misseritti v. Mark IV Construction Co.New York Court of Appeals · 1995
- Staples v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1989
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- Atkinson v. StateAppellate Division of the Supreme Court of the State of New York · 2005
- McCombs v. Cimato Enterpresis, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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