Appellate Division of the Supreme Court of New York, 1996

White v. Farash Corp.

Appellate Division of the Supreme Court of New York · Decided February 2, 1996

224 A.D.2d 978; 637 N.Y.S.2d 558; 1996 N.Y. App. Div. LEXIS 1627

Cases that cite this one

10 later published cases cite this decision.

Landon v. Austin (Appellate Division of the Supreme Court of New York 2011)
Perry v. City of Syracuse Industrial Development Agency (Appellate Division of the Supreme Court of New York 2001)
Mills v. Niagara Mohawk Power Corp. (Appellate Division of the Supreme Court of New York 1999)
Fulton v. Northland Associates, Inc. (Appellate Division of the Supreme Court of New York 1998)
Pasquarello v. Citicorp/Quotron (Appellate Division of the Supreme Court of New York 1998)
Murtha v. Integral Construction Corp. (Appellate Division of the Supreme Court of New York 1998)
Phelan v. State (Appellate Division of the Supreme Court of New York 1997)
Kvandal v. Westminster Presbyterian Society of Buffalo, Inc. (Appellate Division of the Supreme Court of New York 1997)
Herman v. St. John's Episcopal Hospital (Appellate Division of the Supreme Court of New York 1997)
Corsaro v. Mt. Calvary Cemetery (Appellate Division of the Supreme Court of New York 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Gary White (plaintiff), an employee of third-party defendant Per-Con Electric Corp. (Per-Con), suffered injuries while working on a building renovation project at 134 East Main St., Rochester. The building was owned by defendants, *979Farash Corp., also known as Farash Development Corporation, and Max Farash (collectively Farash); Farash was also the general contractor for the project. While working on the installation of a fire alarm system on the first floor of the building, plaintiff stepped off the last rung of a ladder and stepped on a three-inch piece of angle iron that had been left on the floor by either Farash employees or the employees of another subcontractor. Plaintiff did not fall, but he felt his knee "pop”.

Supreme Court properly dismissed the cause of action pursuant to Labor Law § 240 (1) because plaintiffs accident was not "gravity-related” (Misseritti v Mark IV Constr. Co., 86 NY2d 487, 491; see, Gordon v Eastern Ry. Supply, 82 NY2d 555, 561; Rocovich v Consolidated Edison Co., 78 NY2d 509, 514).

The court properly denied the motion of Farash to dismiss the Labor Law § 241 (6) cause of action. In an affidavit in opposition to Farash’s motion, plaintiff’s attorney alleged that Farash violated 12 NYCRR 23-2.1, a regulation specific enough to serve as the predicate for a Labor Law § 241 (6) cause of action (see, Adams v Glass Fab, 212 AD2d 972; Baird v Lydall, Inc., 210 AD2d 577, 578; Samiani v New York State Gas & Elec. Corp., 199 AD2d 796, 797). The fact that plaintiff did not cite that regulation in either his complaint or bill of particulars does not require dismissal of that cause of action.

The court did not err in denying the motion of Farash to dismiss the Labor Law § 200 and common-law negligence causes of action. Questions of fact exist whether the workers who created the dangerous condition were employed by Farash, over whose work Farash had direct supervision on the day in question (cf., Mamo v Rochester Gas & Elec. Corp., 209 AD2d 948, lv dismissed 85 NY2d 924). (Appeals from Order of Supreme Court, Monroe County, Ark, J. — Labor Law.) Present — Denman, P. J., Lawton, Doerr, Balio and Boehm, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.