Gray v. Balling Construction Co.
Cases that cite this one
9 later published cases cite this decision.
- Flowers v. Harborcenter Development, LLC (Appellate Division of the Supreme Court of New York 2017)
- Garcia v. 95 Wall Associates, LLC (Appellate Division of the Supreme Court of New York 2014)
- Garcia v. 95 Wall Associates, LLC (Appellate Division of the Supreme Court of New York 2014)
- Brasch v. Yonkers Construction Co. (Appellate Division of the Supreme Court of New York 2003)
- Wood v. State (N.Y. Ct. Cl. 2003)
- Fischer v. State (Appellate Division of the Supreme Court of New York 2002)
- Brasch v. Yonkers Construction Co. (Appellate Division of the Supreme Court of New York 2002)
- Blackburn v. Eastman Kodak Co. (Appellate Division of the Supreme Court of New York 1998)
- Nowak v. Kiefer (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
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the cross motions of defendants that sought summary judgment dismissing the common-law negligence and Labor Law § 200 (1) claims. Defendants established that the alleged defect or dangerous condition arose from the methods and procedures of plaintiff’s employer and that they exercised no supervisory control over the method of plaintiff’s work (see, Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877; McSweeney v Rochester Gas & Elec. Corp., 216 AD2d 878, 879, Iv denied 86 NY2d 710; Durfee v Eastman Kodak Co., 212 AD2d 971, Iv dismissed 85 NY2d 968). Neither the mere presence of defendants’ employees at the work site nor the general supervisory authority of defendants Balling Construction Company, Inc., and Balling Construction Management, Inc., contained in their contract with defendant Marine Midland Bank is sufficient to create liability under Labor Law § 200 (see, Enderlin v Hebert Indus. Insulation, 224 AD2d 1020; Pazmino v Woodside Dev. Co., 212 AD2d 520, 521; see also, Mamo v Rochester Gas & Elec. Corp., 209 AD2d 948, 949, Iv dismissed 85 NY2d 924).
The court, however, properly denied those parts of the motion of third-party defendant and the cross motions of defen
We therefore modify the order by granting in part defendants’ cross motions for summary judgment and dismissing the common-law negligence and Labor Law- § 200 claims and otherwise affirm. (Appeals from Order of Supreme Court, Erie County, Notaro, J.—Summary Judgment.)- Present—Green, J. P., Lawton, Callahan, Doerr and Boehm, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.