Blackburn v. Eastman Kodak Co.
Cases that cite this one
3 later published cases cite this decision.
- Beyea v. Malcolm Pirnie, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Gambee v. Dunford (Appellate Division of the Supreme Court of New York 2000)
- Skinner v. Oneida-Herkimer Solid Waste Management Authority (Appellate Division of the Supreme Court of New York 2000)
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 granting that part of defendant’s motion for summary judgment seeking dismissal of those parts of the complaint alleging common-law negligence and violation of Labor Law § 200. Defendant met its initial burden on the motion by submitting proof that it did not supervise, direct or control the work of plaintiff’s employer, third-party defendant E.G. Snyder Co., Inc. (Snyder) (see, Gray v Balling Constr. Co., 239 AD2d 913; Durfee v Eastman Kodak Co., 212 AD2d 971, lv dismissed 85 NY2d 968). Plaintiff, however, submitted expert proof that his injury was not the result of a defect in Snyder’s materials or methods of work but rather a defect in the premises created by defendant, thereby raising a triable issue of fact whether defendant was negligent or breached its statutory duty to provide a safe place to work (see, Miller v Wilmorite, Inc., 231 AD2d 843, 843-844; see also, Brutcher v Dallas Homes, Inc., 237 AD2d 876, 877). (Appeal from Order of Supreme Court, Monroe County, Stander, J.—
Case-law data current through September 30, 2026. Source: CourtListener bulk data.