Scofield v. Trustees of Union College
Cases that cite this one
22 later published cases cite this decision.
- Sabre Oxidation Tech., Inc. v. Superior Plus Corp. (Appellate Division of the Supreme Court of New York 2026)
- Gulf Coast Bank & Trust Co. v. Virgil Resort Funding Group, Inc. (Appellate Division of the Supreme Court of New York 2022)
- Rockwell v. Despart (Appellate Division of the Supreme Court of New York 2022)
- Rockwell v. Despart (Appellate Division of the Supreme Court of New York 2022)
- Stewart v. ALCOA, Inc. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Martirano (Appellate Division of the Supreme Court of New York 2019)
- Palmatier v. Mr. Heater Corp. (Appellate Division of the Supreme Court of New York 2018)
- Rosen v. Mosby (Appellate Division of the Supreme Court of New York 2017)
- Rosen v. Mosby (Appellate Division of the Supreme Court of New York 2017)
- Van Orden v. Van Orden (Appellate Division of the Supreme Court of New York 2016)
- Karol v. Polsinello (Appellate Division of the Supreme Court of New York 2015)
- Karol v. Polsinello (Appellate Division of the Supreme Court of New York 2015)
- Ferolito v. Vultaggio (Appellate Division of the Supreme Court of New York 2014)
- Ferolito v. Vultaggio (Appellate Division of the Supreme Court of New York 2014)
- Kiess v. Kelly (Appellate Division of the Supreme Court of New York 2014)
- Kiess v. Kelly (Appellate Division of the Supreme Court of New York 2014)
- Raffa v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Raffa v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Roddy v. Nederlander Producing Co. of America (Appellate Division of the Supreme Court of New York 2010)
- Cook v. Orchard Park Estates, Inc. (Appellate Division of the Supreme Court of New York 2010)
- CFJ Associates of New York, Inc. v. Hanson Industries (Appellate Division of the Supreme Court of New York 2002)
- Bennett v. Nardone (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
Appeal from an order of the Supreme Court (Caruso, J.), entered August 23, 2000 in Schenectady County, which granted defendants’ motion for summary judgment dismissing the complaint.
Following discovery, the remaining defendants, Trustees of Union College and A. J. Martini, Inc., the owner and general contractor, respectively, also moved for summary judgment. Supreme Court dismissed the Labor Law § 200 cause of action predicated upon our prior decision. It further dismissed claims alleging a violation of Labor Law § 241 (6) by finding that the sections of the Industrial Code upon which the claim was based were inapplicable. Plaintiff appeals.
We have iterated that “[w]here a court directly passes upon an issue which is necessarily involved in the final determination on the merits, it becomes ‘the law of the case’ ” (Brown v State of New York, 250 AD2d 314, 320). When we affirmed the determination that the gravel at issue was “readily observable” to this plaintiff, such determination was essential to the dismissal of the Labor Law § 200 claim, “and not merely obiter dictum” (Papa Gino’s v Plaza at Latham Assocs., 144 AD2d 172, 172; cf, Matter of McNamee, Lochner, Titus & Williams, 267 AD2d 919, 922); the doctrine of the law of the case therefore precludes further litigation of this issue (see, O’Hara v Bishop, 256 AD2d 983; Brown v State of New York, supra; Papa Gino’s v Plaza at Latham Assocs., supra). Accordingly, Supreme Court properly dismissed the Labor Law § 200 claims against these defendants on that basis.
As to the dismissal of the cause of action under Labor Law § 241 (6) by a finding that the specifically enumerated provisions of the Industrial Code, to wit, 12 NYCRR 23-1.7 (e) (1) and (2), were inapplicable, again we find no error (see, Maynard v De Curtis, 252 AD2d 908; Gavigan v Bunkoff Gen. Contrs., 247 AD2d 750, lv denied 92 NY2d 804). Having previously determined that a temporary gravel roadbed is not “a passageway, walkway or other elevated working surface” (Lawyer v Hoffman, 275 AD2d 541, 542) and that “an out-of-doors worn dirt pathway is not a floor, platform, passageway or similar working surface within the purview of [12 NYCRR 23-1.7
Accordingly, we affirm Supreme Court’s grant of defendants’ motion for summary judgment dismissing the complaint.
Mercure, J. P., Crew III, Rose and Lahtinen, JJ., concur. Ordered that the order is affirmed, with costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.