AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

RICHARD DURFEE et al., Appellants, v. EASTMAN KODAK COMPANY, Respondent and Third-Party Plaintiff. A.W. FARRELL SON, INC., Third-Party Defendant-Respondent.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

Supreme Court properly dismissed the Labor Law § 200 and common-law negligence causes of action. The dangerous condition arose from the contractor's methods; the owner exercised no supervisory control over the work that resulted in injuries to Richard Durfee (plaintiff) (see, Comes v New York State Elec. Gas Corp., 82 N.Y.2d 876; Mamo v Rochester Gas Elec. Corp., 209 A.D.2d 948).

The court erred, however, in granting that part of defendant's motion for summary judgment seeking dismissal of the Labor Law § 241 (6) cause of action (see, Baird v. Lydall, Inc., Manning Div., 210 A.D.2d 577; Samiani v. New York State Elec. Gas Corp., 199 A.D.2d 796). Plaintiff alleged a violation of a specific regulation as required by Ross v. Curtis-Palmer Hydro-Elec. Co. ( 81 N.Y.2d 494, 501-505), i.e., section 23-1.7 (d) of the Industrial Code ( 12 NYCRR 23-1.7 [d]). That section requires employers to remove, sand or cover any elevated work surface that is in a slippery condition, and plaintiff alleged that the roof on which he was working was slippery.

Use AI to get other relevant cases.

Comments

DURFEE v. EASTMAN KODAK COMPANY
(Feb 3, 1995)