Legal Opinion
Lue v. Finkelstein & Partners, LLP
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 2012PublishedCited by 3 opinions
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Supreme Court (Ca*1387tena, J.), entered March 31, 2011 in Montgomery County, which, among other things, granted plaintiffs motion for partial summary judgment.
In January 2002, plaintiff, while working for O’Connell Electric, fell from a scissor lift at a construction work site owned by K-Mart Corporation. Defendants failed to preserve plaintiffs Labor Law § 240 claim during K-Mart’s chapter 11 bankruptcy, resulting in the claim being reduced to zero dollars by the Bankruptcy Court in 2004. Plaintiff, represented by new counsel, subsequently commenced an action against…
2Cases cited14 opinions
- McCoy v. FeinmanNew York Court of Appeals · 2002
- Rudolf v. Shayne, Dachs, Stanisci, Corker & SauerNew York Court of Appeals · 2007
- Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
- Flores v. Lower East Side Services Center, Inc.New York Court of Appeals · 2005
- Kinney v. G. W. Lisk Co.New York Court of Appeals · 1990
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3Cited by3 opinions
- Levine v. HortonAppellate Division of the Supreme Court of the State of New York · 2015
- Levine v. HortonAppellate Division of the Supreme Court of the State of New York · 2015
- Maloney v. Night Castle Mgt.Appellate Division of the Supreme Court of the State of New York · 2026