Legal Opinion
McGregor v. Bravo
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1998PublishedCited by 6 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the Labor Law § 240 (1) cause of action. Plaintiff, an employee of defendants Dean Mortise and Donna Mortise, doing business as A Cut Above, was injured when he fell to the ground while removing a tree on the premises owned by defendant Joseph Bravo. Upon learning that the tree had a large cracked limb, Bravo hired A Cut Above to remove it in order to protect the apartment building on the premises from any harm *1003if the tree or its cracked limb fell. Because the tree removal was not “necessary and incidental…
2Cases cited3 opinions
- Lombardi v. StoutNew York Court of Appeals · 1992
- Mosher v. St. Joseph's VillaAppellate Division of the Supreme Court of the State of New York · 1992
- Mamo v. Rochester Gas & Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- Morales v. Westchester Stone Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Moreira v. Osvaldo J. PonzoAppellate Division of the Supreme Court of the State of New York · 2015
- Gavin v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Rogers v. C/S Associates Ltd. Partnership IAppellate Division of the Supreme Court of the State of New York · 2000
- Callea v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1998
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