1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 176 A.D.3d
  5. 176 A.D.3d 610 (2019)
 

GONZALEZ v. G. FAZIO CONSTR. CO., INC.

10215A, 10215.

176 A.D.3d 610 (2019)

113 N.Y.S.3d 18

2019 NY Slip Op 07728

Raymond Gonzalez, Respondent, v. G. Fazio Construction Co., Inc., et al., Appellants. G. Fazio Construction Co., Inc., et al., Third-Party Plaintiffs-Appellants, v. RGB Group, Inc., Third-Party Defendant-Respondent-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 29, 2019.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Anthony F. DeStefano of counsel), for appellants.

Law Offices of Sean H. Rooney, Brooklyn ( Robert S. Mazzuchin of counsel), for Raymond Gonzalez, respondent.

Milber Makris Plousadis & Seiden, LLP, Woodbury ( Sarah M. Ziolkowski of counsel), for RGB Group, Inc., respondent-appellant.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.

Plaintiff, a laborer on a construction site employed by foundation contractor RGB, was allegedly injured when he tripped on debris while pushing a wheelbarrow of materials across the site. RGB's motion to dismiss plaintiff's Labor Law § 240(1) claim should have been granted, as this section is inapplicable here. Additionally RGB's and defendants' motions should have been granted to the extent they sought dismissal of the Labor Law § 241(6) claim predicated on a...

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