1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 86 N.Y.2d
  5. 86 N.Y.2d 487 (1995)
 

MISSERITTI v. MARK IV CONSTR.

86 N.Y.2d 487 (1995)

657 N.E.2d 1318

634 N.Y.S.2d 35

Loretta Misseritti, as Administratrix of The Estate of Angelo Misseritti, Deceased, Appellant, v. Mark IV Construction Co., Inc., Defendant and Third-Party Plaintiff-Respondent. B.A. Masons, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided October 31, 1995.

Attorney(s) appearing for the Case

Alfred J. Heilman, Rochester, for appellant.

Volgenau & Bosse, Buffalo (Norman E.S. Greene of counsel), for defendant and third-party plaintiff-respondent.

David B. Mahoney, Rochester, for third-party defendant-respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The issue presented on this appeal is whether plaintiff was entitled to summary judgment on her Labor Law § 240 (1) cause of action based upon the absence of any "bracing" on the fire wall that collapsed at the construction site where her husband was working. We conclude that the collapse of the fire wall is the type of "ordinary and usual" peril a worker is commonly exposed to at a construction...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases