O'SULLIVAN v. IDI Construction Company, Inc.
Cases that cite this one
66 later published cases cite this decision. The 25 that cite it most often are listed here.
- Wallace v. National Railroad Passenger Corp. (District Court, S.D. New York 2014)
- Homola v. Praxair, Inc. (2d Cir. 2011)
- Verel v. Ferguson Electric Construction Co. (Appellate Division of the Supreme Court of New York 2007)
- Aragona v. State of New York (Appellate Division of the Supreme Court of New York 2017)
- In re World Trade Center Lower Manhattan Disaster Site Litigation (District Court, S.D. New York 2014)
- Lamela v. City of New York (District Court, E.D. New York 2008)
- McCoy v. Metropolitan Transportation Authority (Appellate Division of the Supreme Court of New York 2007)
- Hughes v. Tishman Construction Corp. (Appellate Division of the Supreme Court of New York 2007)
- Pizzola v. Tutor Perini Corp. (New York Supreme Court, New York County 2025)
- Godlewski v. Park Seventy-Ninth Corp. (New York Supreme Court, New York County 2025)
- Yaucan v. Times Sq. Hotel Owner, LLC (New York Supreme Court, New York County 2025)
- Oliveira v. Rockaway Vil. Hous. Dev. Fund Corp. (Appellate Division of the Supreme Court of New York 2025)
- Maldonado v. Hines 1045 Ave. of the Ams. Invs. LLC (Appellate Division of the Supreme Court of New York 2024)
- Srecko Bazdaric v. Almah Partners (N.Y. 2024)
- Samperi v. City Safety Compliance Corp. (Appellate Division of the Supreme Court of New York 2024)
- Lyons v. New York City Economic Dev. Corp. (New York Supreme Court, New York County 2024)
- Velasquez v. RS JZ Driggs, LLC (Appellate Division of the Supreme Court of New York 2024)
- Sanchez v. BBL Constr. Servs., LLC (Appellate Division of the Supreme Court of New York 2022)
- Murphy v. 80 Pine, LLC (Appellate Division of the Supreme Court of New York 2022)
- Vickers v. Parcells (Appellate Division of the Supreme Court of New York 2021)
- Buono v. AvalonBay Communities, Inc. (District Court, S.D. New York 2021)
- Martinez v. 281 Broadway Holdings, LLC (Appellate Division of the Supreme Court of New York 2020)
- Frank v. 1100 Ave. of the Ams. Assoc. (Appellate Division of the Supreme Court of New York 2018)
- Conlon v. Carnegie Hall Socy., Inc. (Appellate Division of the Supreme Court of New York 2018)
- Vita v. New York Law Sch. (Appellate Division of the Supreme Court of New York 2018)
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. The courts below properly concluded that plaintiffs Labor Law § 241 (6) cause of action, based on 12 NYCRR 23-1.7 (e) (1) and (2), failed because the electrical pipe or conduit that plaintiff tripped over was an integral part of the construction. Further, plaintiff cannot recover in negligence or pursuant to Labor Law § 200 because no triable issue of fact exists that defendant IDI Construction Company, Inc.’s on-site safety manager “control [led] the activity bringing about the injury to enable it to avoid or correct an unsafe condition” (Russin v Louis N. Picciano & Son, 54 NY2d 311, 317 [1981]) or that IDI maintained an unreasonably dangerous work environment.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.