GILLIGAN v. CJS BUILDERS

10619. 154536/15.

178 A.D.3d 566 (2019)

112 N.Y.S.3d 487

2019 NY Slip Op 09105

John Gilligan et al., Plaintiffs, v. CJS Builders et al., Respondents, and CJS Industries Ltd. et al., Defendants. (And a Third-Party Action.) CJS Industries, Inc., Second Third-Party Plaintiff-Respondent, v. Complete Construction Contracting Corp., Second Third-Party Defendant-Appellant. 11 West 42 Realty Investors, LLC, Third Third-Party Plaintiff, v. Complete Construction Contracting Corp., Third Third-Party Defendant-Appellant.

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

Decided December 19, 2019.


Attorney(s) appearing for the Case

Hannum Feretic Prendergast & Melino, LLC, New York ( Steven R. Dyki of counsel), for appellant.

Law Office of James J. Toomey, New York ( Michael J. Kozoriz of counsel), for respondents.

Concur—Friedman, J.P., Webber, Gesmer, Kern, JJ.


Plaintiff John Gilligan was injured when he fell several feet from a scaffold. This accident arose out of the means and methods of his work, and not, as Complete contends, a dangerous or defective premises condition (see Cappabianca v Skanska USA Bldg. Inc., 99 A.D.3d 139, 144 [1st Dept 2012]). Accordingly, since CJS showed that it did not exercise the requisite degree of control over the means and methods of the work in

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