Roberts v. General Electric Company
Cases that cite this one
35 later published cases cite this decision. The 25 that cite it most often are listed here.
- Boyle v. 42nd Street Development Project, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Simon v. Kings Plaza Shopping Ctr. of Flatbush Ave., Inc. (New York Supreme Court, Kings County 2003)
- James v. Marini Homes, LLC (Appellate Division of the Supreme Court of New York 2025)
- Flores v. Fort Green Homes, LLC (Appellate Division of the Supreme Court of New York 2024)
- Vicki v. City of Niagara Falls (Appellate Division of the Supreme Court of New York 2023)
- Crichigno v. Pacific Park 550 Vanderbilt, LLC (Appellate Division of the Supreme Court of New York 2020)
- Albuquerque v. City of New York (Appellate Division of the Supreme Court of New York 2020)
- Albuquerque v. City of New York (Appellate Division of the Supreme Court of New York 2020)
- Carlton v. City of New York (Appellate Division of the Supreme Court of New York 2018)
- Romero v. 2200 Northern Steel, LLC (Appellate Division of the Supreme Court of New York 2017)
- Podobedov v. East Coast Construction Group, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Sarata v. Metropolitan Transportation Authority (Appellate Division of the Supreme Court of New York 2015)
- GAFFNEY, PATRICK v. NORAMPAC INDUSTRIES, INC. (Appellate Division of the Supreme Court of New York 2013)
- Banscher v. Actus Lend Lease, LLC (Appellate Division of the Supreme Court of New York 2013)
- Banscher v. Actus Lend Lease, LLC (Appellate Division of the Supreme Court of New York 2013)
- Moncayo v. Curtis Partition Corp. (Appellate Division of the Supreme Court of New York 2013)
- Moncayo v. Curtis Partition Corp. (Appellate Division of the Supreme Court of New York 2013)
- Gaffney v. Norampac Industries, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Gaffney v. Norampac Industries, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Sung Kyu-To v. Triangle Equities (Appellate Division of the Supreme Court of New York 2011)
- Harinarain v. Walker (Appellate Division of the Supreme Court of New York 2010)
- Solano v. City of New York (Appellate Division of the Supreme Court of New York 2010)
- Fried v. Always Green, LLC (Appellate Division of the Supreme Court of New York 2010)
- La Veglia v. St. Francis Hospital (Appellate Division of the Supreme Court of New York 2010)
- Buckley v. Columbia Grammar & Preparatory (Appellate Division of the Supreme Court of New York 2007)
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 the Labor Law § 240 (1) cause of action dismissed.
This is an action brought pursuant to Labor Law § 240 (1). Plaintiff, an employee of an asbestos removal company, was injured when a piece of asbestos, which had been cut and deliberately dropped from a chemical tank approximately 12 feet above ground, fell on him. Plaintiff and his wife brought this action against General Electric Company, the owner of the premises, alleging, among other things, absolute liability under section 240 (1) of the Labor Law. Supreme Court granted partial summary judgment to plaintiffs as to liability on the section 240 (1) cause of action. The Appellate Division affirmed, with two Justices dissenting. Defendant now appeals as of right to this Court pursuant to CPLR 5601 (d) from the ensuing Supreme Court judgment awarding damages to bring up for review the prior Appellate Division order.
Here, the asbestos “that fell on plaintiff was not a material being hoisted or a load that required securing for the purposes of the undertaking at the time it fell, and thus Labor Law § 240 (1) does not apply. * * * This was not a situation where a hoisting or securing device of the kind enumerated in the statute would have been necessary or even expected” (Narducci v Manhasset Bay Assoc., 96 NY2d 259, 268 [2001]). Accordingly, there was no basis for liability pursuant to Labor Law §240 (1).
Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur in memorandum; Chief Judge Kaye taking no part.
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.