Cwick v. City of Rochester

Appellate Division of the Supreme Court of New York

Cwick v. City of Rochester

107 A.D.2d 1076, 486 N.Y.S.2d 551, 1985 N.Y. App. Div. LEXIS 42897

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 29, 1985

DocketAppeal No. 3

StatusPublished

This text of 107 A.D.2d 1076 (Cwick v. City of Rochester) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cwick v. City of Rochester, 107 A.D.2d 1076, 486 N.Y.S.2d 551, 1985 N.Y. App. Div. LEXIS 42897 (N.Y. Ct. App. 1985).

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Opinion

— Order unanimously affirmed, without costs. Memorandum: Plaintiff appeals from an order granting summary judgment dismissing her complaint against the City of Rochester. On the argument of the appeal plaintiff withdrew, as against the defendant city, the first cause of action alleging negligence and the third cause of action alleging strict products liability. The fourth cause of action based on violations of the New York State Labor Law, the Rules of the Board of Standards and Appeal, and alleging various OSHA violations was also properly dismissed (see Cwick v City of Rochester [appeal No. 1], 107 AD2d 1072). Plaintiff has alleged a maritime tort and the rule as stated in Robins Dry Dock Co. v Dahl (266 US 449, 457) applies to her claims against defendants who are strangers to the employment relationship as well as to claims against Cwick’s employer (see Lindsay v McDonnell Douglas Aircraft Corp., 460 F2d 631, 635; Schaeffer v Michigan-Ohio Nav. Co., 416 F2d 217, 221; see, also, Sieracki v Seas Shipping Co., 149 F2d 98, 99-100, affd 328 US 85). (Appeal from order of Supreme Court, Monroe County, John J. Conway, J. — dismiss causes of action.) Present — Dillon, P. J., Hancock, Jr., Callahan, Den-man and Green, JJ.

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— Order unanimously affirmed, without costs. Memorandum: Plaintiff appeals from an order granting summary judgment dismissing her complaint against the City of Rochester. On the argument of the appeal plaintiff withdrew, as against the defendant city, the first cause of action alleging negligence and the third cause of action alleging strict products liability. The fourth cause of action based on violations of the New York State Labor Law, the Rules of the Board of Standards and Appeal, and alleging various OSHA violations was also properly dismissed (see Cwick v City of Rochester [appeal No. 1], 107 AD2d 1072). Plaintiff has alleged a maritime tort and the rule as stated in Robins Dry Dock Co. v Dahl (266 US 449, 457) applies to her claims against defendants who are strangers to the employment relationship as well as to claims against Cwick’s employer (see Lindsay v McDonnell Douglas Aircraft Corp., 460 F2d 631, 635; Schaeffer v Michigan-Ohio Nav. Co., 416 F2d 217, 221; see, also, Sieracki v Seas Shipping Co., 149 F2d 98, 99-100, affd 328 US 85). (Appeal from order of Supreme Court, Monroe County, John J. Conway, J. — dismiss causes of action.) Present — Dillon, P. J., Hancock, Jr., Callahan, Den-man and Green, JJ.

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Bluebook (online)

107 A.D.2d 1076, 486 N.Y.S.2d 551, 1985 N.Y. App. Div. LEXIS 42897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cwick-v-city-of-rochester-nyappdiv-1985.

Opinion

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