Bond v. York Hunter Construction, Inc.
Cases that cite this one
34 later published cases cite this decision. The 25 that cite it most often are listed here.
- Salazar v. Novalex Contracting Corp. (Appellate Division of the Supreme Court of New York 2010)
- Canales v. Rye Neck Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2025)
- Somereve v. Plaza Construction Corp. (Appellate Division of the Supreme Court of New York 2016)
- Santoro v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2003)
- Cruz v. 11 Hoyt Prop. Owner, L.P. (New York Supreme Court, Kings County 2024)
- Cruz v. 11 Hoyt Prop. Owner, L.P. (New York Supreme Court, Kings County 2024)
- Schutt v. Dynasty Transp. of Ohio, Inc. (Appellate Division of the Supreme Court of New York 2022)
- Molloy v. Long Island Railroad (Appellate Division of the Supreme Court of New York 2017)
- Eddy v. John Hummel Custom Builders, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Biscup v. E.W. Howell, Co., Inc. (Appellate Division of the Supreme Court of New York 2015)
- Biscup v. E.W. Howell, Co., Inc. (Appellate Division of the Supreme Court of New York 2014)
- Doodnath v. Morgan Contracting Corp. (Appellate Division of the Supreme Court of New York 2012)
- Doodnath v. Morgan Contracting Corp. (Appellate Division of the Supreme Court of New York 2012)
- Fontaine v. Juniper Associates (New York Supreme Court 2009)
- Settimo v. City of New York (Appellate Division of the Supreme Court of New York 2009)
- Enriquez v. B & D Development, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Tighe v. Hennegan Construction Co. (Appellate Division of the Supreme Court of New York 2008)
- Cohen v. Memorial Sloan-Kettering Cancer Center (Appellate Division of the Supreme Court of New York 2008)
- Jones v. 414 Equities LLC (Appellate Division of the Supreme Court of New York 2008)
- Lavore v. Kir Munsey Park 020 (Appellate Division of the Supreme Court of New York 2007)
- Carty v. Port Authority of New York & New Jersey (Appellate Division of the Supreme Court of New York 2006)
- Turner v. Garten Foods (Appellate Division of the Supreme Court of New York 2006)
- Cooper v. Sonwil Distribution Center, Inc. (Appellate Division of the Supreme Court of New York 2005)
- Scarso v. M.G. General Construction Corp. (Appellate Division of the Supreme Court of New York 2005)
- Jamison v. County of Onondaga (Appellate Division of the Supreme Court of New York 2005)
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 affirmed, with costs. After completing his work for the day, plaintiff, a demolition worker employed by third-party defendant, began to alight from his demolition vehicle. The vehicle was equipped with a track system on each side to maneuver it through the construction site. The vehicle was not equipped with a step to assist operators in their entry or exit from the vehicle. Plaintiff stepped down from the cab of the vehicle and placed his foot onto the vehicle’s track, using it like a step. Plaintiff claimed his foot slipped off the track because grease had previously leaked onto the track’s surface. Plaintiff fell approximately three feet to the ground and suffered injury.
As a matter of law, the risk of alighting from the construction vehicle was not an elevation-related risk which *885 calls for any of the protective devices of the types listed in Labor Law § 240 (1) (see, Rocovich v Consolidated Edison Co., 78 NY2d 509, 514-515). Moreover, plaintiff failed to adduce any evidence to support his Labor Law § 200 claim that defendant had created, or had prior notice of, the greasy condition of the track (see, Lombardi v Stout, 80 NY2d 290, 294-295). Finally, plaintiffs arguments under the Industrial Code regulations are either unpreserved or without merit.
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.