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NOSTROM v. A.W. CHESTERTON CO.

No. 187

15 N.Y.3d 502 (2010)

JUDITH NOSTROM, Individually and as Personal Representative of the Estate of DONALD NOSTROM, Deceased, Appellant, v. A.W. CHESTERTON COMPANY et al., Defendants, and CENTRAL HUDSON GAS & ELECTRIC CORPORATION et al., Respondents.

Court of Appeals of New York.

Decided November 18, 2010.

Attorney(s) appearing for the Case

Weitz & Luxenberg, P.C., New York City ( Alani Golanski of counsel), for appellant.

Landman Corsi Ballaine & Ford, P.C., New York City ( William G. Ballaine and Erin Glover-Frey of counsel), for Sequoia Ventures, Inc., respondent.

Davis Polk & Wardwell LLP, New York City ( Guy Miller Struve and Lesley Bark of counsel), and Richard W. Babinecz , Andrew J. Czerepak and Timothy M. McCann for Orange & Rockland Utilities, Inc., respondent.

Thompson Hine LLP, New York City ( Joseph B. Koczko , Robert T. Barnard and Ruthe A. Nepf of counsel), for Central Hudson Gas & Electric Corp., respondent.

Judges CIPARICK, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN and Judge READ taking no part.

OPINION OF THE COURT

GRAFFEO, J.

The issue before us is whether vicarious liability under Labor Law § 241 (6) may be predicated solely on a violation of regulations contained in part 12 of the Industrial Code. We conclude that it may not.

During the 1970s and 1980s, decedent Donald Nostrom worked as a boilermaker for subcontractors on construction projects at various energy facilities, including those owned by defendants Orange & Rockland...

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