Gentile v. New York City Housing Authority
Cases that cite this one
5 later published cases cite this decision.
- Bailey v. Irish Development Corp. (Appellate Division of the Supreme Court of New York 2000)
- BISH, ROBERT v. ODELL FARMS PARTNERSHIP (Appellate Division of the Supreme Court of New York 2014)
- Chiarello v. J&D Leasing Co. (Appellate Division of the Supreme Court of New York 2002)
- Burgos v. Group Management, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Koch v. E.C.H. Holding Corp. (Appellate Division of the Supreme Court of New York 1998)
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
Plaintiff, who was the driver of a truck that hauled away concrete construction debris, fell to the ground from a height of 9 to 10 feet. This happened after he lost his balance while pulling a tarpaulin from a stationary roller over the truck’s contents. However, because the record establishes that plaintiff was not engaged "in the erection, demolition, repairing, altering, painting, cleaning or pointing” of "a building or structure” within the intended meaning of Labor Law § 240 (1), the IAS Court erred in granting summary judgment in his favor on the issue of liability, and should have dismissed the cause of action. Concur—Milonas, J. P., Ellerin, Rubin, Ross and Mazzarelli, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.