New York Court of Appeals, 2008

Cohen v. Memorial Sloan-Kettering Cancer Center

New York Court of Appeals · Decided October 28, 2008

11 N.Y.3d 823; 897 N.E.2d 1059

Cases that cite this one

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

Marc A. Nicometi v. The Vineyards of Fredonia, LLC / Scott Pfohl v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co. (N.Y. 2015)
Marc A. Nicometi v. The Vineyards of Fredonia, LLC / Scott Pfohl v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co. (N.Y. 2015)
Villa-Farez v. 840 Fulton, LLC (New York Supreme Court, Kings County 2024)
Villa-Farez v. 840 Fulton, LLC (New York Supreme Court, Kings County 2024)
Villa-Farez v. 840 Fulton, LLC (New York Supreme Court, Kings County 2024)
Stender v. 32 Slipstream, LLC (New York Supreme Court, New York County 2024)
Krarunzhiy v. 91 Cent. Park W. Owners Corp. (Appellate Division of the Supreme Court of New York 2023)
Eberl v. FMC Corp. (District Court, W.D. New York 2012)
Dwyer v. Goldman Sachs Headquarters LLC (District Court, S.D. New York 2011)
Villa-Farez v. 840 Fulton, LLC (New York Supreme Court, Kings County 2025)
Viveros v. Maserati Realty, LLC (New York Supreme Court, Kings County 2024)
Narvaez v. 12 W. 31st St. Corp. (New York Supreme Court, New York County 2024)
Serrano v. Consolidated Edison Co. of N.Y. Inc. (Appellate Division of the Supreme Court of New York 2017)
PICHE, LLOYD v. SYNERGY TOOLING SYSTEMS, INC. (Appellate Division of the Supreme Court of New York 2017)
Piche v. Synergy Tooling Systems, Inc. (Appellate Division of the Supreme Court of New York 2017)
Almodovar v. Port Auth. of N.Y. & N.J. (Appellate Division of the Supreme Court of New York 2016)
SMITH, PAUL J. v. NESTLE PURINA PETCARE COMPANY (Appellate Division of the Supreme Court of New York 2013)
Torres v. Perry Street Development Corp. (Appellate Division of the Supreme Court of New York 2013)
Torres v. Perry Street Development Corp. (Appellate Division of the Supreme Court of New York 2013)
Smith v. Nestle Purina Petcare Co. (Appellate Division of the Supreme Court of New York 2013)
Smith v. Nestle Purina Petcare Co. (Appellate Division of the Supreme Court of New York 2013)
Fenty v. City of New York (Appellate Division of the Supreme Court of New York 2010)
Salazar v. Novalex Contracting Corp. (Appellate Division of the Supreme Court of New York 2010)
Salvagno v. Spano (Appellate Division of the Supreme Court of New York 2009)
Tafelski v. Buffalo City Cemetery, Inc. (Appellate Division of the Supreme Court of New York 2009)

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 order of the Appellate Division should be reversed, with costs, plaintiffs’ cross motion for summary judgment on their Labor Law § 240 (1) claim denied, defendants’ motion for summary judgment dismissing the Labor Law § 240 (1) claim granted, and the certified question answered in the negative.

*825No Labor Law § 240 (1) liability exists where an injury results from a separate hazard wholly unrelated to the risk which brought about the need for the safety device in the first place (see Nieves v Five Boro A.C. & Refrig. Corp., 93 NY2d 914 [1999]; Melber v 6333 Main St., 91 NY2d 759, 763-764 [1998]). Here, the presence of two unconnected pipes protruding from a wall was not “the risk which brought about the need for the [ladder] in the first instance” (Nieves, 93 NY2d at 916 [citations omitted]), but was one of “the usual and ordinary dangers at a construction site” (id.) to which the “extraordinary protections of Labor Law § 240 (1) [do not] extend” (id. at 915).

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 reversed, etc.

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