Gambee v. Dunford
Cases that cite this one
17 later published cases cite this decision.
- Emery v. Village of Clinton (New York Supreme Court, Oneida County 2025)
- Emery v. Village of Clinton (New York Supreme Court, Oneida County 2025)
- BYRD, JOSEPH v. RONEKER, JR., FREDERICK E. (Appellate Division of the Supreme Court of New York 2011)
- Byrd v. Roneker (Appellate Division of the Supreme Court of New York 2011)
- DiNieri v. Schimmelpennick (Appellate Division of the Supreme Court of New York 2024)
- Carrow v. Bogard (Appellate Division of the Supreme Court of New York 2010)
- Bucklaew v. Walters (Appellate Division of the Supreme Court of New York 2010)
- Luthringer v. Luthringer (Appellate Division of the Supreme Court of New York 2009)
- Piazza v. Shaw Contract Flooring Services, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Burnett v. Waterford Custom Homes, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Masters v. Celestian (Appellate Division of the Supreme Court of New York 2005)
- Murphy v. Kendig (Appellate Division of the Supreme Court of New York 2002)
- Ciesielski v. Buffalo Industrial Park, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Kelly v. Kowsky (Appellate Division of the Supreme Court of New York 2002)
- Schultz v. Iwachiw (Appellate Division of the Supreme Court of New York 2001)
- Skinner v. Oneida-Herkimer Solid Waste Management Authority (Appellate Division of the Supreme Court of New York 2000)
- Sponholz v. Benderson Property Development, Inc. (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: Plaintiff was hired by Mark J. Dunford (defendant) to construct defendant’s single-family residence and was injured when he
The court should, however, have granted that part of defendant’s motion seeking summary judgment dismissing the Labor Law § 200 claim and common-law negligence cause of action. The stone in the foyer constituted an alleged defect in the premises, and defendant cannot be liable without supervision or control of the general condition of the premises (see, Miller v Wilmorite, Inc., 231 AD2d 843, 844) and notice, either actual or constructive, of the unsafe condition (see, Chaney v New York City Tr. Auth., 12 AD2d 61, 68, affd 10 NY2d 871) or a showing that he created it (see, Blackburn v Eastman Kodak Co., 256 AD2d 1123; McCague v Walsh Constr., 225 AD2d 530). Defendant established as a matter of law that he had no notice of the condition and did not create it, and plaintiff failed to raise an issue of fact. We modify the order, therefore, by granting the motion of defendant in part and dismissing the Labor Law § 200 claim and common-law negligence cause of action against him. (Appeal from Order of Supreme Court, Erie County, O’Donnell, J. — Summary Judgment.) Present — Pine, J. P., Wisner, Hurlbutt, Balio and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.