Parot v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Plaintiff was injured when he fell while unloading street light standards from a flatbed trailer at a lot where they were to be stored for future use throughout the City of Buffalo. The court properly dismissed his Labor Law § 240 (1) cause of action because the delivery of the street light standards was not to a construction site but was merely for stockpiling for future use (see, Cox v LaBarge Bros. Co., 154 AD2d 947, 947-948, lv dismissed 75 NY2d 808; cf., Lewis-Moors v Contel of N. Y., 167 AD2d 732; Dedario v New York Tel. Co., 162…
2Cases cited5 opinions
- Wechsler v. PeopleNew York Court of Appeals · 1990
- Sprague v. Louis Picciano, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Dedario v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Cox v. LaBarge Bros.Appellate Division of the Supreme Court of the State of New York · 1989
- Lewis-Moors v. Contel of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by5 opinions
- Shaw v. Scepter, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Young v. J.M. Moran Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Peterkin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Decker v. C & S Wholesale Grocers, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Kusayev v. Sussex Apts. Assoc., LLCAppellate Division of the Supreme Court of the State of New York · 2018