1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 4 N.Y.3d
  5. 4 N.Y.3d 805 (2005)
 

MONTGOMERY v. FEDERAL EXPRESS CORPORATION

4 N.Y.3d 805 (2005)

828 N.E.2d 592

795 N.Y.S.2d 490

CHARLES REGINALD MONTGOMERY, JR., Appellant, v. FEDERAL EXPRESS CORPORATION et al., Respondents and Third-Party Plaintiffs-Respondents. FORTUNE INTERIOR DISMANTLING CORP., Third-Party Defendant-Respondent, et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided March 24, 2005.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for appellant.

Geringer & Dolan LLP, New York City (John T. McNamara of counsel), for respondents.

Third-party defendant-respondent precluded.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs.

Plaintiff, who was employed as a helper by an elevator company, and Peter Mazzei, an elevator mechanic, were assigned to do work in an elevator "motor room" located some four feet above the roof level of a building. Arriving on the roof, plaintiff and Mazzei found that stairs that had previously led...

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