MURPHY v. SCHIMENTI CONSTR. CO., LLC

160723/16, 595851/17. Appeal No. 15803. Case No. 2021-01631.

204 A.D.3d 573 (2022)

165 N.Y.S.3d 300

2022 NY Slip Op 02761

Karl Murphy, Respondent, v. Schimenti Construction Company, LLC, et al., Respondents, et al., Defendant. Schimenti Construction Company, LLC, et al., Third-Party Plaintiffs-Respondents, v. Dame Contracting Inc., Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

Decided April 26, 2022.


Attorney(s) appearing for the Case

Russo & Gould, LLP, New York ( Alan S. Russo of counsel), for appellant.

Michael H. Zhu, P.C., New York ( Michael H. Zhu of counsel), for Karl Murphy, respondent.

Law Offices of James J. Toomey, New York ( Evy Kazansky of counsel), for Schimenti Construction Company, LLC, and KRE Broadway Owner, LLC, respondents.

Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.


Dame failed to show good cause for leave to make an untimely motion for summary judgment (see CPLR 3212[a]). It contends that, in Krzyzanowski v City of New York (179 A.D.3d 479 [1st Dept 2020]), this Court made new law by holding that, as a matter of law, the use of Masonite as floor protection which rendered it an integral part of the work was not actionable under Labor Law § 241(6), whether predicated on 12 NYCRR

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