Greco v. Archdiocese of New York
Cases that cite this one
10 later published cases cite this decision.
- Urbina v. 26 Court Street Associates, LLC (Appellate Division of the Supreme Court of New York 2007)
- Dibrino v. Rockefeller Ctr. North, Inc. (Appellate Division of the Supreme Court of New York 2024)
- Smith v. Cardella Trucking Co. (Appellate Division of the Supreme Court of New York 2013)
- Smith v. Cardella Trucking Co. (Appellate Division of the Supreme Court of New York 2013)
- Assevero v. Hamilton & Church Properties, LLC (Appellate Division of the Supreme Court of New York 2015)
- Williams v. 7-31 Limited Partnership (Appellate Division of the Supreme Court of New York 2008)
- Mendez v. Union Theological Seminary (Appellate Division of the Supreme Court of New York 2005)
- Megna v. Tishman Construction Corp. (Appellate Division of the Supreme Court of New York 2003)
- Keohane v. Littlepark House Corp. (Appellate Division of the Supreme Court of New York 2002)
- Severino v. Hohl Industrial Services, Inc. (Appellate Division of the Supreme Court of New York 2002)
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, Supreme Court, Bronx County (Barry Salman, J.), entered November 27, 1998, which, to the extent appealed and cross-appealed from, granted plaintiffs’
Plaintiff, an employee of the general contractor, was injured in a fall from a ladder on premises owned by Archdiocese and Palace. The evidence established that plaintiff fell when the step of the ladder on which he was standing broke. The subject ladder was owned by heating, ventilation, and air conditioning subcontractor Peeples. It is disputed whether Peeples had given plaintiff permission to use the ladder.
Plaintiffs proof, that he fell when the ladder step on which he stood collapsed, established a prima facie case of liability under Labor Law § 240 (1), and the motion court’s partial grant of summary judgment as to liability on that claim was appropriate since the owners’ evidence in opposition to the motion failed to raise a triable issue as to whether plaintiff, and not the defective ladder, was the cause of the accident.
While the court’s denial of Peeples’s cross motion for summary judgment was correct with respect to plaintiffs common-law negligence claim, the cross motion should have been granted to the extent of dismissing plaintiffs Labor Law § 200 claim. Issues of fact were raised with respect to the common-law negligence claim against Peeples, among them whether Peeples knew of the ladder’s defective condition, whether Peeples was otherwise negligent in supplying defective equipment (see, Schiulaz v Arnell Constr. Corp., 261 AD2d 247; Kanney v Goodyear Tire & Rubber Co., 245 AD2d 1034, 1036; cf., Santangelo v Fluor Constructors Intl., 266 AD2d 893). With respect to the Labor Law § 200 claim, however, plaintiff, in response to Peeples’s prima facie showing of entitlement to judgment as a matter of law, failed to present proof sufficient to raise a triable issue as to whether Peeples was responsible for providing plaintiff with a safe workplace (see, e.g., Dunham v Hilco Constr. Co., 89 NY2d 425).
The owners’ motion for summary judgment on its contractual claims, including indemnification, as against Peeples was
Case-law data current through December 31, 2025. Source: CourtListener bulk data.