Urbano v. Rockefeller Center North, Inc.
Cases that cite this one
8 later published cases cite this decision.
- James v. Alpha Painting & Constr. Co., Inc. (Appellate Division of the Supreme Court of New York 2017)
- CULLEN, JEREMIAH v. AT&T INC. (Appellate Division of the Supreme Court of New York 2016)
- Colon v. Metropolitan Transp. Auth. (Appellate Division of the Supreme Court of New York 2018)
- Johnson v. Braun (Appellate Division of the Supreme Court of New York 2014)
- Zastenchik v. Knollwood Country Club (Appellate Division of the Supreme Court of New York 2012)
- Zastenchik v. Knollwood Country Club (Appellate Division of the Supreme Court of New York 2012)
- Gaspar v. Pace University (Appellate Division of the Supreme Court of New York 2012)
- Gaspar v. Pace University (Appellate Division of the Supreme Court of New York 2012)
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
12 NYCRR 23-3.3 is also inapplicable. The pieces of masonry laying on the floor were not “loosened material” within the meaning of that section. Nor did plaintiffs accident result from the collapse of deteriorated walls or floors.
Plaintiffs Labor Law § 200 claim was also properly dismissed. The record contains no evidence that defendants exercised requisite supervisory control, or that there was a dangerous condition of which defendants were on notice (see Bowman v Beach Concerts, Inc., 66 AD3d 596 [2009]; Mitchell v New York Univ., 12 AD3d 200, 201 [2004]).
The affidavit of plaintiffs expert does not support plaintiffs theory since it is based on speculation rather than record facts (see Diaz v New York Downtown Hosp., 99 NY2d 542, 544 [2002]). Concur — Tom, J.P, Friedman, DeGrasse, Richter and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.