Derion v. Buffalo Crushed Stone, Inc.

Appellate Division of the Supreme Court of New York

Derion v. Buffalo Crushed Stone, Inc.

135 A.D.2d 1105, 523 N.Y.S.2d 322, 1987 N.Y. App. Div. LEXIS 52965

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

DecidedDecember 18, 1987

StatusPublished

Cited by2 cases

This text of 135 A.D.2d 1105 (Derion v. Buffalo Crushed Stone, Inc.) 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

Derion v. Buffalo Crushed Stone, Inc., 135 A.D.2d 1105, 523 N.Y.S.2d 322, 1987 N.Y. App. Div. LEXIS 52965 (N.Y. Ct. App. 1987).

Pincite

Opinion

— Order unanimously affirmed without costs. Memorandum: The issue herein involves the applicability of Labor Law § 200. Plaintiff, a truck driver, was employed by Anastasi Trucking, Inc., a subcontractor on a construction project. He was injured when the dump truck that he was driving hit a pothole on a roadway owned and maintained by the defendant causing plaintiff’s head to strike the roof of the truck. At the time of the accident, plaintiff was en route to defendant’s quarry to pick up crushed stone for delivery to a construction site.

Plaintiff’s complaint failed to come within the purview of Labor Law § 200. That statutory provision codified an owner’s common-law duty to a worker to exercise reasonable care to provide a safe place to work (see, Allen v Cloutier Constr. Corp., 44 NY2d 290, 299; Copertino v Ward, 100 AD2d 565, 567). The safe "place of work” contemplated by the statute does not include the roadway leading to defendant’s business (see, Rusin v Jackson Hgts. Shopping Center, 27 NY2d 103, 107). (Appeal from order of Supreme Court, Erie County, Joslin, J. — summary judgment.) Present — Doerr, J. P., Boomer, Green, Lawton and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order unanimously affirmed without costs. Memorandum: The issue herein involves the applicability of Labor Law § 200. Plaintiff, a truck driver, was employed by Anastasi Trucking, Inc., a subcontractor on a construction project. He was injured when the dump truck that he was driving hit a pothole on a roadway owned and maintained by the defendant causing plaintiff’s head to strike the roof of the truck. At the time of the accident, plaintiff was en route to defendant’s quarry to pick up crushed stone for delivery to a construction site.

Plaintiff’s complaint failed to come within the purview of Labor Law § 200. That statutory provision codified an owner’s common-law duty to a worker to exercise reasonable care to provide a safe place to work (see, Allen v Cloutier Constr. Corp., 44 NY2d 290, 299; Copertino v Ward, 100 AD2d 565, 567). The safe "place of work” contemplated by the statute does not include the roadway leading to defendant’s business (see, Rusin v Jackson Hgts. Shopping Center, 27 NY2d 103, 107). (Appeal from order of Supreme Court, Erie County, Joslin, J. — summary judgment.) Present — Doerr, J. P., Boomer, Green, Lawton and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

135 A.D.2d 1105, 523 N.Y.S.2d 322, 1987 N.Y. App. Div. LEXIS 52965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derion-v-buffalo-crushed-stone-inc-nyappdiv-1987.

Opinion

Related

Cite This Page — Counsel Stack