Ferenczy v. Murray Hill Partners
Cases that cite this one
2 later published cases cite this decision.
- Sandcham Realty Corp. v. Taub (Appellate Division of the Supreme Court of New York 2002)
- DiPasquale v. Security Mutual Life Insurance (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
—Judgment, Supreme
Plaintiffs Labor Law § 200 and common-law negligence claims were properly dismissed for lack of evidence that defendant directed or controlled the contractor’s work (see, Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877). Plaintiffs argument that he was improperly precluded from putting in evidence of such direction and control by the trial court’s incorrect ruling that he had rested his case is not reviewable, the relevant portions of the trial transcripts not having been included in the record on appeal (see, Kahn v City of New York, 37 AD2d 520, 521, affd 30 NY2d 690; Serpe v Eyris Prods., 243 AD2d 375, 380). The Labor Law § 240 (1) claim was properly dismissed since plaintiff was not faced with an elevation-related hazard (see, Ross v Curtis-Palmer HydroElec. Co., 81 NY2d 494, 500-501). The plywood plank was not a device designed to protect workers from an elevation-related hazard. Plaintiffs motion to amend his pleadings to allege violations of Industrial Code (12 NYCRR) § 23-1.7 (d), (e) and (f) was properly denied since the claimed violations are without support in the trial testimony. Concur — Mazzarelli, J. P., Ellerin, Lerner, Andrias and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.