Pagano v. Colonial Sand & Gravel Co.

Appellate Division of the Supreme Court of New York

Pagano v. Colonial Sand & Gravel Co.

75 A.D.2d 578, 426 N.Y.S.2d 801, 1980 N.Y. App. Div. LEXIS 10999

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

DecidedApril 7, 1980

StatusPublished

Cited by2 cases

This text of 75 A.D.2d 578 (Pagano v. Colonial Sand & Gravel Co.) 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

Pagano v. Colonial Sand & Gravel Co., 75 A.D.2d 578, 426 N.Y.S.2d 801, 1980 N.Y. App. Div. LEXIS 10999 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered October 26, 1978, which dismissed the complaint as against the respondents. Judgment affirmed, without costs or disbursements. On the facts as stipulated by the parties, plaintiff was an employee of a joint venture at the time he was injured in a fall from a scaffold. Section 240 of the Labor Law imposes a duty upon all contractors, owners and their agents to properly protect employees who use scaffolds. However, the liability for violations of such duty is subsumed into the employer’s general liability under the Workers’ Compensation Law, which is made "exclusive and in place of any other liability whatsoever” by section 11 thereof. Mollen, P. J., Hopkins, Damiani and Titone, JJ., concur.

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In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered October 26, 1978, which dismissed the complaint as against the respondents. Judgment affirmed, without costs or disbursements. On the facts as stipulated by the parties, plaintiff was an employee of a joint venture at the time he was injured in a fall from a scaffold. Section 240 of the Labor Law imposes a duty upon all contractors, owners and their agents to properly protect employees who use scaffolds. However, the liability for violations of such duty is subsumed into the employer’s general liability under the Workers’ Compensation Law, which is made "exclusive and in place of any other liability whatsoever” by section 11 thereof. Mollen, P. J., Hopkins, Damiani and Titone, JJ., concur.

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Bluebook (online)

75 A.D.2d 578, 426 N.Y.S.2d 801, 1980 N.Y. App. Div. LEXIS 10999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pagano-v-colonial-sand-gravel-co-nyappdiv-1980.

Opinion

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