New York Court of Appeals, 2008

Quattrocchi v. F.J. Sciame Construction Corp.

New York Court of Appeals · Decided September 9, 2008

11 N.Y.3d 757; 896 N.E.2d 75

Cases that cite this one

68 later published cases cite this decision. The 25 that cite it most often are listed here.

Wilinski v. 334 East 92nd Housing Development Fund Corp. (N.Y. 2011)
Byrnes v. RP1185 LLC (Appellate Division of the Supreme Court of New York 2025)
Meza v. Dutch Vortex LLC (New York Supreme Court, New York County 2024)
Hensel v. Aviator FSC, Inc. (Appellate Division of the Supreme Court of New York 2021)
Fabrizi v. 1095 Avenue of Americas, L.L.C. (N.Y. 2014)
Fabrizi v. 1095 Avenue of the Americas, L.L.C. (Appellate Division of the Supreme Court of New York 2012)
Fabrizi v. 1095 Avenue of the Americas, L.L.C. (Appellate Division of the Supreme Court of New York 2012)
Hugh Gallagher v. New York Post (Appellate Division of the Supreme Court of New York 2008)
Jover v. 1540 Second Realty, LLC (Appellate Division of the Supreme Court of New York 2026)
Rolle v. JCDecaux St. Furniture N.Y., LLC (Appellate Division of the Supreme Court of New York 2026)
Hempstead v. Hammer & Steel, Inc. (Appellate Division of the Supreme Court of New York 2025)
Geloso v. Port Auth. of N.Y. & N.J. (New York Supreme Court, New York County 2025)
Villanueva v. J.T. Magen & Co. Inc. (New York Supreme Court, New York County 2025)
Vasquez v. Gilbane Bldg. Co. (Appellate Division of the Supreme Court of New York 2024)
Siguencia v. City of New York (New York Supreme Court, New York County 2024)
Vargas Rochez v. 222 E. Broadway Prop. Owner, LLC (New York Supreme Court, New York County 2024)
Macancela v. E.W. Howell Co. LLC (New York Supreme Court, Kings County 2024)
Molina v. 114 Fifth Ave. Assoc., LLC (Appellate Division of the Supreme Court of New York 2024)
Wright v. Pennings (Appellate Division of the Supreme Court of New York 2024)
Aguilar v. Graham Terrace, LLC (Appellate Division of the Supreme Court of New York 2020)
Franco v. 1221 Ave. Holdings, LLC (Appellate Division of the Supreme Court of New York 2020)
Franco v. 1221 Ave. Holdings, LLC (Appellate Division of the Supreme Court of New York 2020)
Ortega v. Trinity Hudson Holding LLC (Appellate Division of the Supreme Court of New York 2019)
Robinson v. Spragues Wash. Sq., LLC (Appellate Division of the Supreme Court of New York 2018)
Jimerson v. State of New York (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 of the Court

OPINION OF THE COURT

Memorandum.

The Appellate Division order should be affirmed, with costs, and the certified question answered in the affirmative.

As our holding in Outar v City of New York indicates, “falling object” liability under Labor Law § 240 (1) is not limited to *759cases in which the falling object is in the process of being hoisted or secured (5 NY3d 731 [2005], affg 11 AD3d 593 [2d Dept 2004]). In this case, plaintiff alleges that he was struck by falling planks that had been placed over open doors as a makeshift shelf to facilitate the installation of an air conditioner above a doorway. We agree with the Appellate Division majority that triable questions of fact preclude summary judgment on plaintiffs Labor Law § 240 (1) claim, including whether the planks were adequately secured in light of the purposes of the plank assembly and whether plaintiff caused the accident by jostling the doors after disregarding a warning not to enter the doorway area. Accordingly, the Appellate Division properly modified Supreme Court’s order to the extent of denying partial summary judgment on plaintiffs Labor Law § 240 (1) claim.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.