Loiacono v. Lehrer McGovern Bovis, Inc.
Cases that cite this one
28 later published cases cite this decision. The 25 that cite it most often are listed here.
- Rodriguez v. JMB Architecture, LLC (Appellate Division of the Supreme Court of New York 2011)
- Delahaye v. Saint Anns School (Appellate Division of the Supreme Court of New York 2007)
- Reilly v. Newireen Associates (Appellate Division of the Supreme Court of New York 2003)
- Walls v. Turner Construction Company (N.Y. 2005)
- O'Donoghue v. New York City School Construction Authority (Appellate Division of the Supreme Court of New York 2003)
- Martinez v. Shore Oaks, LLC (Appellate Division of the Supreme Court of New York 2025)
- Berner v. Town of Cheektowaga (Appellate Division of the Supreme Court of New York 2017)
- Mora v. Nakash (Appellate Division of the Supreme Court of New York 2014)
- Mora v. Nakash (Appellate Division of the Supreme Court of New York 2014)
- Cava Construction Co. v. Gealtec Remodeling Corp. (Appellate Division of the Supreme Court of New York 2009)
- Enos v. Werlatone, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Chowdhury v. Rodriguez (Appellate Division of the Supreme Court of New York 2008)
- Smith v. 499 Fashion Tower, LLC (Appellate Division of the Supreme Court of New York 2007)
- Colozzo v. National Center Foundation, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Armentano v. Broadway Mall Properties, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Linkowski v. City of New York (Appellate Division of the Supreme Court of New York 2006)
- Singh v. Kreisler Borg Florman General Construction Co. (Appellate Division of the Supreme Court of New York 2006)
- Perri v. Gilbert Johnson Enterprises, Ltd. (Appellate Division of the Supreme Court of New York 2005)
- McGuinness v. Hertz Corp. (Appellate Division of the Supreme Court of New York 2005)
- Lazarou v. Turner Construction Co. (Appellate Division of the Supreme Court of New York 2005)
- Zezula v. City of New York (Appellate Division of the Supreme Court of New York 2005)
- Karapati v. K.J. Rocchio, Inc. (Appellate Division of the Supreme Court of New York 2004)
- Mazor v. International Business Machines Corp. (Appellate Division of the Supreme Court of New York 2004)
- Mangione v. Smith (Appellate Division of the Supreme Court of New York 2003)
- Johnson v. Huff Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2003)
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
—In an action to recover damages for personal injuries, the defendant
Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, and those branches of the appellants’ respective motions which were for summary judgment dismissing the complaint are granted.
The plaintiff Nicholas Loiacono was injured in the course of his employment as he stood atop a scaffold and attempted to hold a piece of stone weighing approximately 200 pounds that his co-worker was affixing to a bracket. When his partner let go of the stone, the injured plaintiff felt a “snapping pop in his shoulder”. The defendant third-party plaintiff Lehrer McGovern Bovis, Inc. (hereinafter Lehrer McGovern) managed the construction site. The plaintiffs commenced an action against Lehrer McGovern to recover damages for negligence and violations of Labor Law §§ 200, 240 (1), and § 241 (6). Lehrer McGovern brought a third-party action against Miller Druck Specialty Contracting (hereinafter MDSC), which contracted with the owner to perform stone work, and Miller Druck Company (hereinafter MDC), which employed Loiacono and which MDSC subcontracted with to perform the stone installation.
The Supreme Court denied those branches of the respective motions of Lehrer McGovern, MDSC, and MDC which were for summary judgment dismissing the complaint. We reverse the order insofar as appealed from.
The record contains no evidence that Lehrer McGovern directed or controlled the manner in which Loiacono carried out his task. Although Lehrer McGovern coordinated the contractors at the site, told contractors where to work on a given day, and had the authority to review safety on the site, this conduct does not rise to the level of supervision or control necessary to hold Lehrer McGovern liable for Loiacono’s injuries (see, Lillis v City of New York, 226 AD2d 592; Biszick v Ninnie Constr. Corp., 209 AD2d 661). As Loiacono testified at his examination before trial, his employer supplied him with his equipment for the job, and he determined how to go about installing the stone on his own.
Lehrer McGovern’s remaining contention on appeal is without merit. Krausman, J. P., H. Miller, Schmidt and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.