Bradshaw v. National Structures, Inc.
Cases that cite this one
12 later published cases cite this decision.
- PITTS, JEFFREY J. v. BELL CONSTRUCTORS, INC. (Appellate Division of the Supreme Court of New York 2011)
- Pitts v. Bell Constructors, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Caradori v. Med Inn Centers of America, LLC (Appellate Division of the Supreme Court of New York 2004)
- Pursel v. Wellco, Inc. (Appellate Division of the Supreme Court of New York 2004)
- Mancini v. Pedra Construction (Appellate Division of the Supreme Court of New York 2002)
- Alexandre v. City of New York (Appellate Division of the Supreme Court of New York 2002)
- Edwards v. C & D Unlimited, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Amo v. Little Rapids Corp. (Appellate Division of the Supreme Court of New York 2000)
- D'Egidio v. Frontier Insurance (Appellate Division of the Supreme Court of New York 2000)
- Gile v. General Electric Co. (Appellate Division of the Supreme Court of New York 2000)
- Gottstine v. Dunlop Tire Corp. (Appellate Division of the Supreme Court of New York 2000)
- Tomlins v. Siltone Building Co. (Appellate Division of the Supreme Court of New York 1999)
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: Plaintiff, an employee of a subcontractor hired to install concrete foundations on a project for which defendant was the general contractor, sustained injuries when he either fell or slid into a drainage trench at the worksite while carrying two 12-foot-long footers on his shoulder. Supreme Court properly dismissed the Labor Law § 240 (1) cause of action (see, Williams v White Haven Mem. Park, 227 AD2d 923; Mazzu v Benderson Dev. Co., 224 AD2d 1009, 1010-1011; Panepinto v L.T.V. Steel Co., 207 AD2d 1006; Radka v Miller Brewing, 182 AD2d 1111, 1111-1112). Contrary to plaintiff’s contention, Covey v Iroquois Gas Transmission Sys. (89 NY2d 952) does not compel a different result. In that case, plaintiff fell from a backhoe into a trench as a result of an improperly secured handrail on the backhoe. Here, plaintiff’s injuries were the result of “the usual and ordinary dangers of a construction site, and not the extraordinary elevation-related risks envisioned by Labor Law § 240 (1)” (Adamczyk v Hillview Estates Dev. Corp., 226 AD2d 1049; see, Rocovich v Consolidated Edison Co., 78 NY2d 509, 514-515). (Appeal from Order of Supreme Court, Jefferson County, Elliott, J. — Summary Judgment.) Present — Denman, P. J., Lawton, Pigott, Jr., Balio and Boehm, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.