Rodriguez v. Margaret Tietz Center for Nursing Care, Inc.
Cases that cite this one
124 later published cases cite this decision. The 25 that cite it most often are listed here.
- Oakes v. Wal-Mart Real Estate Business Trust (Appellate Division of the Supreme Court of New York 2012)
- Oakes v. Wal-Mart Real Estate Business Trust (Appellate Division of the Supreme Court of New York 2012)
- Guenther v. Modern Continental Companies (District Court, E.D. New York 2008)
- Lociciero v. Princeton Restoration (New York Supreme Court, Suffolk County 2004)
- Narducci v. Manhasset Bay Associates (Appellate Division of the Supreme Court of New York 2000)
- Melo v. Consolidated Edison Co. (Appellate Division of the Supreme Court of New York 1998)
- Christiansen v. Bonacio Construction, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Christiansen v. Bonacio Construction, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Whitehead v. City of New York (Appellate Division of the Supreme Court of New York 2010)
- Cohen v. Memorial Sloan-Kettering Cancer Center (Appellate Division of the Supreme Court of New York 2008)
- Cruz v. Neil Hospitality, LLC (Appellate Division of the Supreme Court of New York 2008)
- Keavey v. New York State Dormitory Authority (Appellate Division of the Supreme Court of New York 2005)
- Jordan v. Blue Circle Atlantic, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Almanzar v. Goval Realty Corp. (Appellate Division of the Supreme Court of New York 2001)
- Outar v. City of New York (Appellate Division of the Supreme Court of New York 2001)
- Hawkins v. City of New York (Appellate Division of the Supreme Court of New York 2000)
- Thompson v. Ludovico (Appellate Division of the Supreme Court of New York 1998)
- Corbett v. Hogan (Appellate Division of the Supreme Court of New York 1998)
- Vornfett v. Port Authority (Appellate Division of the Supreme Court of New York 1997)
- Sutfin v. Ithaca College (Appellate Division of the Supreme Court of New York 1997)
- Diamond v. Reilly Homes Construction Corp. (Appellate Division of the Supreme Court of New York 1997)
- Williams v. City of New York (Appellate Division of the Supreme Court of New York 2026)
- Stone v. 321 W. 78th St. Corp. (New York Supreme Court, New York County 2024)
- Marte v. Tishman Constr. Corp. (Appellate Division of the Supreme Court of New York 2024)
- Rolle v. JCDecaux St. Furniture N.Y., LLC (New York Supreme Court, Kings County 2024)
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 judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and plaintiff’s cause of action based on Labor Law §240 dismissed.
Plaintiff in this case was exposed to the usual and ordinary dangers of a construction site, and not the extraordinary elevation risks envisioned by Labor Law § 240 (1). In placing a 120-pound beam onto the ground from seven inches above his head with the assistance of three other co-workers, Rodriguez
*844 was not faced with the special elevation risks contemplated by the statute (see, Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 501; Rocovich v Consolidated Edison Co., 78 NY2d 509, 514).
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur in memorandum.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment appealed from and order of the Appellate Division brought up for review reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.