Ertel v. Milbrand

Appellate Division of the Supreme Court of New York

Ertel v. Milbrand

295 A.D.2d 962, 743 N.Y.S.2d 349, 2002 N.Y. App. Div. LEXIS 6263

Appellate Division of the Supreme Court of the State of New York·Decided June 14, 2002·Published

Opinion

—Appeal from an order of Supreme Court, Erie County (Notaro, J.), entered August 13, 2001, which granted defendants’ motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff Bruce Ertel while removing construction debris from residential property owned by defendants in the Town of Amherst. Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaint. “ ‘[A]n owner does not owe a duty to protect a contractor’s employee from hazards resulting from the contractor’s methods over which the owner exercises no supervisory control’” (Marin v San Martin Rest, 287 AD2d 441, 441-442). Present—Pine, J.P., Wisner, Kehoe, Gorski and Lawton, JJ.

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—Appeal from an order of Supreme Court, Erie County (Notaro, J.), entered August 13, 2001, which granted defendants’ motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff Bruce Ertel while removing construction debris from residential property owned by defendants in the Town of Amherst. Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaint. “ ‘[A]n owner does not owe a duty to protect a contractor’s employee from hazards resulting from the contractor’s methods over which the owner exercises no supervisory control’” (Marin v San Martin Rest, 287 AD2d 441, 441-442). Present—Pine, J.P., Wisner, Kehoe, Gorski and Lawton, JJ.

Ertel v. Milbrand, 295 A.D.2d 962, 743 N.Y.S.2d 349, 2002 N.Y. App. Div. LEXIS 6263 (N.Y. Ct. App. 2002).

Pincite

295 A.D.2d 962 (Ertel v. Milbrand) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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