Legal Opinion
McCarthy v. Checchin
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2005PublishedCited by 1 opinion
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Ryan, J.), entered August 6, 2004 in Clinton County, which granted defendants’ motions for summary judgment dismissing the complaint.
Plaintiff Jason S. McCarthy (hereinafter plaintiff) was injured during the course of his employment with North American Door Corporation when his arm became caught in a roll press machine while he was cleaning it. It is undisputed that plaintiff, at the instruction of his supervisor, was cleaning the machine while the rollers were operating. The primary issue in this case is whether defendants can be subject to a strict…
2Cases cited5 opinions
- Sukljian v. Charles Ross & Son Co.New York Court of Appeals · 1986
- Gebo v. Black Clawson Co.New York Court of Appeals · 1998
- Stiles v. Batavia Atomic Horseshoes, Inc.New York Court of Appeals · 1993
- Sprung v. MTR Ravensburg, Inc.New York Court of Appeals · 2003
- Frisbee v. Cathedral Corp.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by1 opinion
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