Montgomery v. FEDERAL EXPRESS CORPORATION
Cases that cite this one
97 later published cases cite this decision. The 25 that cite it most often are listed here.
- Cherry v. Time Warner, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Waldemar Biaca-Neto v. Boston Road II Housing Development Fund Corporation (N.Y. 2020)
- Noor v. City of New York (Appellate Division of the Supreme Court of New York 2015)
- Chlebowski v. Esber (New York Supreme Court 2008)
- Miro v. Plaza Construction Corp. (Appellate Division of the Supreme Court of New York 2007)
- Thomas v. North Country Family Health Ctr., Inc. (Appellate Division of the Supreme Court of New York 2022)
- DeRose v. Bloomingdale's Inc. (Appellate Division of the Supreme Court of New York 2014)
- DeRose v. Bloomingdale's Inc. (Appellate Division of the Supreme Court of New York 2014)
- Rice v. West 37th Group, LLC (Appellate Division of the Supreme Court of New York 2010)
- Guenther v. Modern Continental Companies (District Court, E.D. New York 2008)
- Fernandez v. CMB CONTRACTING (District Court, E.D. New York 2007)
- Egan v. Monadnock Construction, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Lorde v. Margaret Tietz Nursing & Rehabilitation Ctr. (Appellate Division of the Supreme Court of New York 2018)
- KUHN, JAMES C. v. CAMELOT ASSOCIATION, INC. (Appellate Division of the Supreme Court of New York 2011)
- Kuhn v. Camelot Ass'n (Appellate Division of the Supreme Court of New York 2011)
- Gallagher v. New York Post (N.Y. 2010)
- Masullo v. 1199 Housing Corp. (Appellate Division of the Supreme Court of New York 2009)
- Robinson v. East Medical Center (N.Y. 2006)
- Nusbaum v. 1455 Wash. Ave. LLC (New York Supreme Court, Saratoga County 2025)
- Cocozza v. Popkin (New York Supreme Court, New York County 2025)
- Ahmed v. Essex Terrace, Inc. (New York Supreme Court, Kings County 2024)
- Scanlon v. South St. Seaport LP (New York Supreme Court, New York County 2024)
- Ruvalcaba v. M.N.C. General Contractors Corp. (District Court, E.D. New York 2024)
- Calle v. City of New York (Appellate Division of the Supreme Court of New York 2023)
- Peranzo v. WFP Tower D Co. L.P. (Appellate Division of the Supreme Court of New York 2022)
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
*806 OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should he affirmed with costs.
Plaintiff, who was employed as a helper by an elevator company, and Peter Mazzei, an elevator mechanic, were assigned to do work in an elevator “motor room” located some four feet above the roof level of a building. Arriving on the roof, plaintiff and Mazzei found that stairs that had previously led from the roof to the motor room had been removed. There was no ladder in the immediate vicinity, but ladders were available at the job site.
Rather than go and get a ladder, plaintiff and Mazzei climbed to the motor room by standing on an inverted bucket. When he left the motor room, plaintiff jumped down to the roof, injuring his knee in the process.
We agree with the Appellate Division that, since ladders were readily available, plaintiff’s “normal and logical response” should have been to go get one. Plaintiffs choice to use a bucket to get up, and then to jump down, was the sole cause of his injury, and he is therefore not entitled to recover under Labor Law § 240 (1) (Blake v Neighborhood Hous. Servs. of NY. City, 1 NY3d 280 [2003]).
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith 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.