Acosta v. Kent Bentley Apartments, Inc.
Cases that cite this one
5 later published cases cite this decision.
- Sahota v. Celaj (Appellate Division of the Supreme Court of New York 2004)
- Goya v. Longwood Hous. Dev. Fund43282/16E Co., Inc. (Appellate Division of the Supreme Court of New York 2018)
- Fernandes v. Equitable Life Assurance Society of United States (Appellate Division of the Supreme Court of New York 2004)
- Morrison v. Christa Construction, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Smith v. M.V. Woods Construction Co. (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
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered October 17, 2001, which granted plaintiffs motion for partial summary judgment on his Labor Law § 240 (1) claim and denied defendants’ cross motion to dismiss plaintiffs Labor Law and common-law negligence claims, unanimously modified, on the law, to grant defendants’ cross motion to the extent of dismissing plaintiffs Labor Law § 200 claim, and otherwise affirmed, without costs.
Plaintiff’s Labor Law § 200 and common-law negligence claims should, however, have been dismissed since, inter alia, defendants did not exercise supervisory control over the work performed on the premises (see Rizzuto v Wenger Contr. Co., 91 NY2d 343, 352).
Finally, summary judgment dismissing plaintiff’s Labor Law § 241 (6) claim alleging violation of 12 NYCRR 23-1.7 (f) was properly denied (see Sponholz v Benderson Prop. Dev., 273 AD2d 791, 792). Concur — Nardelli, J.P., Buckley, Ellerin, Rubin and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.