Brechue v. Town of Wheatfield
Cases that cite this one
16 later published cases cite this decision.
- Vicki v. City of Niagara Falls (Appellate Division of the Supreme Court of New York 2023)
- Mushkudiani v. Racanelli Constr. Group, Inc. (Appellate Division of the Supreme Court of New York 2023)
- Nalbone v. Vanderbilt Props., Inc. (Appellate Division of the Supreme Court of New York 2020)
- MILES, SEYMOUR v. BUFFALO STATE ALUMNI ASSOCIATION, I (Appellate Division of the Supreme Court of New York 2014)
- Miles v. Buffalo State Alumni Ass'n (Appellate Division of the Supreme Court of New York 2014)
- Miles v. Buffalo State Alumni Ass'n (Appellate Division of the Supreme Court of New York 2014)
- Scott v. Westmore Fuel Co. (Appellate Division of the Supreme Court of New York 2012)
- Scott v. Westmore Fuel Co. (Appellate Division of the Supreme Court of New York 2012)
- Robinson v. County of Nassau (Appellate Division of the Supreme Court of New York 2011)
- Scarso v. M.G. General Construction Corp. (Appellate Division of the Supreme Court of New York 2005)
- Turczynski v. City of New York (Appellate Division of the Supreme Court of New York 2005)
- Sainato v. City of Albany (Appellate Division of the Supreme Court of New York 2001)
- O'Connell v. Consolidated Edison Co. of New York, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Parrelli v. City of New York (Appellate Division of the Supreme Court of New York 2000)
- Martin v. A-1 Compaction, Inc. (Appellate Division of the Supreme Court of New York 1999)
- Cardenas v. American Ref-Fuel Co. (Appellate Division of the Supreme Court of New York 1997)
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: Plaintiff, an employee of Socko Sewer Services, was injured while on the site of a sewer construction project. At the time of the accident, plaintiff was standing on the road adjacent to a trench. His co-workers were attempting to move a trench box, which was frozen in place between the earthen trench walls, when the box suddenly dislodged and one of the attached I-beams fell approximately four feet before landing on plaintiff’s foot.
Plaintiff contends that Supreme Court erred in dismissing the Labor Law § 240 (1) cause of action because he was struck by a falling object that was improperly hoisted and inadequately secured. Because plaintiff’s activities involved “the usual and ordinary dangers of a construction site, and not the extraordinary elevation risks envisioned by Labor Law § 240 (1)”, the court properly dismissed the section 240 (1) cause of action (Rodriguez v Tietz Ctr. for Nursing Care, 84 NY2d 841, 843; see, Misseritti v Mark IV Constr. Co., 86 NY2d 487, 489, rearg denied 87 NY2d 969; Smith v New York State Elec. & Gas Corp., 82 NY2d 781; Adamczyk v Hillview Estates Dev. Corp., 226 AD2d 1049; Malecki v Wal-Mart Stores, 222 AD2d 1010). In addition, 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 v Mark IV Constr. Co., supra; Smith v New York State Elec. & Gas Corp., supra; Adamczyk v Hillview Estates Dev. Corp., supra; Ruiz v 8600 Roll Rd., 190 AD2d 1030, 1031).
Plaintiff also contends that the court erred in determining that certain provisions of the Industrial Code were too general or inapplicable to support the Labor Law § 241 (6) cause of action. On its cross appeal, defendant contends that plaintiff failed to establish a violation of Labor Law § 241 (6). A cause of action against an owner or contractor under Labor Law § 241 (6) 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; Adamczyk v Hillview Estates Dev. Corp., supra, at 1050). The court properly determined that plaintiff’s allegations that de
Therefore, we modify the order by granting defendant’s motion in its entirety and dismissing the Labor Law § 241 (6) cause of action and otherwise affirm. (Appeals from Order of Supreme Court, Niagara County, Koshian, J.—Summary Judgment.) Present—Lawton, J. P., Callahan, Doerr, Balio and Boehm, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.