1. Home
  2. Browse Decisions
  3. Misc.2d
  4. 171 Misc.2d
  5. 171 Misc.2d 346 (1996)
 

PETERSON v. BARRY, BETTE

171 Misc.2d 346 (1996)

659 N.Y.S.2d 376

Margaret Peterson, as Limited Administratrix of The Estate of Donald Peterson, Deceased, Plaintiff, v. Barry, Bette & Led Duke, Inc., et al., Defendants and Third-Party Plaintiffs. Wm. C. McCombs Company, Third-Party Defendant and Fourth-Party Plaintiff; James K. Walworth, a Surviving Partner of D&G Construction, Fourth-Party Defendant.

Supreme Court, Monroe County.

May 2, 1996

Attorney(s) appearing for the Case

Faraci, Lange, Johns, Regan & Schwartz, Rochester (Paul K. Lange of counsel), for plaintiff. Carter, Conboy, Case, Blackmore, Napierski & Maloney, P. C., Albany (Joseph T. Johnson of counsel), for defendants and third-party plaintiffs. David B. Mahoney, Rochester, for third-party defendant and fourth-party plaintiff.

ANDREW V. SIRACUSE, J.

The parties correctly concur that Labor Law § 240 (1) applies to this fall-through-roof accident. Plaintiff has accordingly moved for summary judgment on liability. Defendants have cross-moved for summary judgment on their "recalcitrant worker" affirmative defense and have also moved for a conditional judgment of indemnification against third-party defendant, which countermoves against...

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