Orlino v. 2 Gold, LLC

Appellate Division of the Supreme Court of New York

Orlino v. 2 Gold, LLC

63 A.D.3d 541, 880 N.Y.S.2d 479

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

DecidedJune 18, 2009

StatusPublished

Cited by1 cases

This text of 63 A.D.3d 541 (Orlino v. 2 Gold, LLC) 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

Orlino v. 2 Gold, LLC, 63 A.D.3d 541, 880 N.Y.S.2d 479 (N.Y. Ct. App. 2009).

Pincite

Opinion

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered March 10, 2009, which, to the extent appealed from as limited by the briefs, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant’s motion for summary judgment was properly granted, given that the lumber over which plaintiff tripped at his work site was not “debris,” but an integral part of the work being performed (see 12 NYCRR 23-1.7 [e] [2]; O’Sullivan v IDI Constr. Co., Inc:, 28 AD3d 225, 226 [2006], affd 7 NY3d 805 [2006]; Harvey v Morse Diesel Intl., 299 AD2d 451 [2002], lv denied 99 NY2d 508 [2003]). Concur—Tom, J.P., Nardelli, Catterson, Renwick and Richter, JJ. [See 2009 NY Slip Op 30516(G).]

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

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered March 10, 2009, which, to the extent appealed from as limited by the briefs, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant’s motion for summary judgment was properly granted, given that the lumber over which plaintiff tripped at his work site was not “debris,” but an integral part of the work being performed (see 12 NYCRR 23-1.7 [e] [2]; O’Sullivan v IDI Constr. Co., Inc:, 28 AD3d 225, 226 [2006], affd 7 NY3d 805 [2006]; Harvey v Morse Diesel Intl., 299 AD2d 451 [2002], lv denied 99 NY2d 508 [2003]). Concur—Tom, J.P., Nardelli, Catterson, Renwick and Richter, JJ. [See 2009 NY Slip Op 30516(G).]

Cite This Page — Counsel Stack

Bluebook (online)

63 A.D.3d 541, 880 N.Y.S.2d 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orlino-v-2-gold-llc-nyappdiv-2009.

Opinion

Related

Cite This Page — Counsel Stack