Smith v. New York State Electric & Gas Corp.
Cases that cite this one
28 later published cases cite this decision. The 25 that cite it most often are listed here.
- Guenther v. Modern Continental Companies (District Court, E.D. New York 2008)
- Adamczyk v. Hillview Estates Development Corp. (Appellate Division of the Supreme Court of New York 1996)
- Smith v. Hovnanian Co., Inc. (Appellate Division of the Supreme Court of New York 1995)
- Giraldo v. Highmark Ind., LLC (Appellate Division of the Supreme Court of New York 2024)
- Joseph v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Mohamed v. City of Watervliet (Appellate Division of the Supreme Court of New York 2013)
- Mohamed v. City of Watervliet (Appellate Division of the Supreme Court of New York 2013)
- Seaman v. Bellmore Fire District (Appellate Division of the Supreme Court of New York 2009)
- Biafora v. City of New York (Appellate Division of the Supreme Court of New York 2006)
- Jordan v. Blue Circle Atlantic, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Hargobin v. K.A.F.C.I. Corp. (Appellate Division of the Supreme Court of New York 2001)
- Simon v. City of New York (Appellate Division of the Supreme Court of New York 1999)
- Melber v. 6333 Main Street, Inc. (N.Y. 1998)
- McGuire v. Independent Cement Corp. (Appellate Division of the Supreme Court of New York 1998)
- Friot v. Wal-Mart Stores, Inc. (Appellate Division of the Supreme Court of New York 1997)
- Brechue v. Town of Wheatfield (Appellate Division of the Supreme Court of New York 1997)
- Boyd v. Bethlehem Steel Corp. (Appellate Division of the Supreme Court of New York 1997)
- Charles v. City of New York (Appellate Division of the Supreme Court of New York 1996)
- Lysiak v. Murray Realty Co. (Appellate Division of the Supreme Court of New York 1996)
- Misseritti v. Mark IV Construction Co. (N.Y. 1995)
- Nunnenkamp v. Bay Point Associates (Appellate Division of the Supreme Court of New York 1995)
- McSweeney v. Rochester Gas & Electric Corp. (Appellate Division of the Supreme Court of New York 1995)
- Allen v. Hodorowski and DeSantis Building Contractors, Inc. (Appellate Division of the Supreme Court of New York 1995)
- McCole v. City of New York (Appellate Division of the Supreme Court of New York 1995)
- Sisu v. Wolinetz (Appellate Division of the Supreme Court of New York 1994)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, defendant’s cross motion for partial summary judgment dismissing plaintiffs’ Labor Law § 240 (1) cause of action granted, and the certified question answered in the affirmative.
Plaintiff was injured while dismantling a coal conveyer system located in a subterranean concrete vault. The dismantled machinery was removed from the underground work area by a crane situated at ground level with its cable lowered through an opening in the vault’s ceiling. A 200-pound metal *783 tension ball attached to the cable allowed the dismantled machinery to be dragged along the concrete floor until it could be hoisted to ground level. Plaintiff’s injury occurred when equipment snagged on the vault floor’s uneven surface and the crane operator, unaware of the situation, continued to exert tension on the cable until it snapped, propelling the tension ball against plaintiff.
The Appellate Division, with one Justice dissenting, modified an order of Supreme Court by reversing so much thereof as granted defendants’ cross motion for partial summary judgment dismissing plaintiffs’ Labor Law § 240 (1) cause of action. That Court concluded that plaintiffs’ section 240 (1) claim was viable because the work activity plaintiff was engaged in exposed him to risks associated with elevation differentials. Based on our holdings in Rocovich v Consolidated Edison Co. (78 NY2d 509) and Ross v Curtis-Palmer Hydro-Elec. Co. (81 NY2d 494), we disagree and hold that plaintiff’s injury did not result from an elevation-related hazard.
Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa, Smith and Levine concur in memorandum.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.