Adamczyk v. Hillview Estates Development Corp.
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- Panattoni v. Inducon Park Associates, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Fromel v. W2005/Hines W. Fifty-Third Realty, LLC (New York Supreme Court, New York County 2024)
- Fromel v. W2005/Hines W. Fifty-Third Realty, LLC (New York Supreme Court, New York County 2024)
- Fischer v. State (Appellate Division of the Supreme Court of New York 2002)
- Van Eken v. Consolidated Edison Co. (Appellate Division of the Supreme Court of New York 2002)
- Brinson v. Kulback's & Assoc., Inc. (Appellate Division of the Supreme Court of New York 2002)
- Davis v. Manitou Construction Co. (Appellate Division of the Supreme Court of New York 2002)
- Gottstine v. Dunlop Tire Corp. (Appellate Division of the Supreme Court of New York 2000)
- O'Connell v. Consolidated Edison Co. of New York, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Boyd v. Bethlehem Steel Corp. (Appellate Division of the Supreme Court of New York 1998)
- Halstead v. Wightman (Appellate Division of the Supreme Court of New York 1998)
- Corbett v. Hogan (Appellate Division of the Supreme Court of New York 1998)
- Ozzimo v. H.E.S., Inc. (Appellate Division of the Supreme Court of New York 1998)
- Bradshaw v. National Structures, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Skudlarek v. Bethlehem Steel Corp. (Appellate Division of the Supreme Court of New York 1998)
- Kvandal v. Westminster Presbyterian Society of Buffalo, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Long v. John W. Danforth Co. (Appellate Division of the Supreme Court of New York 1997)
- Krick v. Fluor Daniel, Inc. (Appellate Division of the Supreme Court of New York 1997)
- Kobee v. Almeter Barry Construction Management, Inc. (Appellate Division of the Supreme Court of New York 1997)
- Sutfin v. Ithaca College (Appellate Division of the Supreme Court of New York 1997)
- Brechue v. Town of Wheatfield (Appellate Division of the Supreme Court of New York 1997)
- Williams v. White Haven Memorial Park, Inc. (Appellate Division of the Supreme Court of New York 1996)
- Adamczyk v. Hillview Estates Development Corp. (Appellate Division of the Supreme Court of New York 1996)
- Jackson v. Williamsville Central School District (Appellate Division of the Supreme Court of New York 1996)
- Stypick v. City of Lockport (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 reversed on the law without costs, cross motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s cross motion for summary judgment dismissing the complaint. Plaintiff, an employee of third-party defendant, was injured when he was struck by a sewer pipe on premises owned by defendant. On the day of the accident, plaintiff was installing sewer pipes in a trench approximately 13 feet deep. The sewer pipes, approximately 131/2 feet long and weighing approximately 30 to 50 pounds, were being handed down to plaintiff by a co-worker. The accident occurred when the coworker slipped while handing down a pipe, dropping the pipe into the trench. Plaintiff caught a portion of the pipe in his hands and fell to his knees, sustaining back injuries. Because plaintiff’s activities involved the usual and ordinary dangers of a construction site, and not the extraordinary elevation-related risks envisioned by Labor Law § 240 (1), the Labor Law § 240 (1) cause of action must be dismissed (see, Misseritti v Mark IV Constr. Co., 86 NY2d 487, 489; Rodriguez v Tietz Ctr. for Nursing Care, 84 NY2d 841; Smith v New York State Elec. & Gas Corp., 82 NY2d 781). Furthermore, that cause of action cannot be sustained because plaintiff’s injuries were not the result of an object falling from an elevated work surface (see, Misseritti
We further conclude that plaintiffs Labor Law § 241 (6) cause of action must be dismissed. A cause of action against a nonsupervising owner or contractor under that section must allege the violation of a specific rather than a general safety standard established by the Labor Commissioner (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 503-505; Pellescki v City of Rochester, 198 AD2d 762, 763, lv denied 83 NY2d 752). Plaintiffs allegation that defendant violated the general safety standard set forth in 12 NYCRR 23-1.5 (a), therefore, is insufficient (see, Dombrowski v Schwartz, 217 AD2d 914; Gordineer v County of Orange, 205 AD2d 584). Moreover, plaintiffs allegations that defendant violated the specific safety standards set forth in 12 NYCRR 23-4.2, 23-4.3, 23-4.4 and 23-4.5 are also insufficient because those regulations involve the shoring and stabilization of trenches and other excavation work and, therefore, are not applicable to this case (see, Klien v County of Monroe, 219 AD2d 846, lv denied 87 NY2d 804; Adams v Glass Fab, 212 AD2d 972).
Finally, the Labor Law § 200 and common-law negligence causes of action must be dismissed because the record contains no proof that defendant actually supervised or controlled plaintiffs work (see, Walsh v Amherst Constr. Co., 226 AD2d 1053 [decided herewith]; Mamo v Rochester Gas & Elec. Corp., 209 AD2d 948, 949, lv dismissed 85 NY2d 924; see also, Comes v New York State Elec. & Gas Corp., 82 NY2d 876).
In light of the foregoing, we do not consider defendant’s remaining contention. (Appeal from Order of Supreme Court, Erie County, Michalek, J.—Labor Law.) Present—Denman, P. J., Lawton, Wesley, Balio and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.