Legal Opinion

Pavlou v. City of New York

New York Court of Appeals

Decided May 3, 2007PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In this personal injury case arising from the collapse of a crane on a construction site, the jury found that the operation of the crane with an excess load, in violation of Industrial Code (12 NYCRR) § 23-8.2 (g) (2) (iii), amounted to negligence but that this was not a proximate cause of the injury suffered by plaintiff. Experts testified at trial that the crane had a preexisting crack that made it unsafe to operate with any load. The *963jury’…

2Cases cited4 opinions

  1. Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
  2. Weinberg v. Hertz Corp.New York Court of Appeals · 1987
  3. Levo v. GreenwaldNew York Court of Appeals · 1985
  4. Pavlou v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by11 opinions

  1. Gadani v. Debrino Caulking Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Alcantara v. KnightAppellate Division of the Supreme Court of the State of New York · 2014
  3. Motelson v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Ramirez v. Willow Ridge Country Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Charnota v. Ver-Tech Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2011

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