Gentile v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Gentile v. New York City Housing Authority

228 A.D.2d 296, 643 N.Y.2d 588, 643 N.Y.S.2d 588, 1996 N.Y. App. Div. LEXIS 7138

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

DecidedJune 18, 1996

StatusPublished

Cited by6 cases

This text of 228 A.D.2d 296 (Gentile v. New York City Housing Authority) 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

Gentile v. New York City Housing Authority, 228 A.D.2d 296, 643 N.Y.2d 588, 643 N.Y.S.2d 588, 1996 N.Y. App. Div. LEXIS 7138 (N.Y. Ct. App. 1996).

Pincite

Opinion

Plaintiff, who was the driver of a truck that hauled away concrete construction debris, fell to the ground from a height of 9 to 10 feet. This happened after he lost his balance while pulling a tarpaulin from a stationary roller over the truck’s contents. However, because the record establishes that plaintiff was not engaged "in the erection, demolition, repairing, altering, painting, cleaning or pointing” of "a building or structure” within the intended meaning of Labor Law § 240 (1), the IAS Court erred in granting summary judgment in his favor on the issue of liability, and should have dismissed the cause of action. Concur—Milonas, J. P., Ellerin, Rubin, Ross and Mazzarelli, JJ.

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Plaintiff, who was the driver of a truck that hauled away concrete construction debris, fell to the ground from a height of 9 to 10 feet. This happened after he lost his balance while pulling a tarpaulin from a stationary roller over the truck’s contents. However, because the record establishes that plaintiff was not engaged "in the erection, demolition, repairing, altering, painting, cleaning or pointing” of "a building or structure” within the intended meaning of Labor Law § 240 (1), the IAS Court erred in granting summary judgment in his favor on the issue of liability, and should have dismissed the cause of action. Concur—Milonas, J. P., Ellerin, Rubin, Ross and Mazzarelli, JJ.

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Bluebook (online)

228 A.D.2d 296, 643 N.Y.2d 588, 643 N.Y.S.2d 588, 1996 N.Y. App. Div. LEXIS 7138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gentile-v-new-york-city-housing-authority-nyappdiv-1996.

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