Perez v. Society of New York Hospital

Appellate Division of the Supreme Court of New York

Perez v. Society of New York Hospital

225 A.D.2d 467, 640 N.Y.2d 502, 640 N.Y.S.2d 502, 1996 N.Y. App. Div. LEXIS 3188

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

DecidedMarch 26, 1996

StatusPublished

Cited by1 cases

This text of 225 A.D.2d 467 (Perez v. Society of New York Hospital) 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

Perez v. Society of New York Hospital, 225 A.D.2d 467, 640 N.Y.2d 502, 640 N.Y.S.2d 502, 1996 N.Y. App. Div. LEXIS 3188 (N.Y. Ct. App. 1996).

Pincite

Opinion

The protections afforded workers from gravity related injury and violations of the Industrial Code provided by the Labor Law extend to asbestos workers (see, Klapa v O & Y Liberty Plaza Co., 218 AD2d 635). We reject defendants’ argument that an owner or general contractor without asbestos license or certification has no control over the work site. On the contrary, access to the site before removal, and even during removal as an "authorized visitor”, is permitted (12 NYCRR 56-1.4 [r]; 56-9.3). We also de'cline to grant plaintiff summary judgment as to liability inasmuch as this issue was not presented to the motion court. Concur — Rosenberger, J. P., Ellerin, Rubin and Nardelli, JJ.

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The protections afforded workers from gravity related injury and violations of the Industrial Code provided by the Labor Law extend to asbestos workers (see, Klapa v O & Y Liberty Plaza Co., 218 AD2d 635). We reject defendants’ argument that an owner or general contractor without asbestos license or certification has no control over the work site. On the contrary, access to the site before removal, and even during removal as an "authorized visitor”, is permitted (12 NYCRR 56-1.4 [r]; 56-9.3). We also de'cline to grant plaintiff summary judgment as to liability inasmuch as this issue was not presented to the motion court. Concur — Rosenberger, J. P., Ellerin, Rubin and Nardelli, JJ.

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Bluebook (online)

225 A.D.2d 467, 640 N.Y.2d 502, 640 N.Y.S.2d 502, 1996 N.Y. App. Div. LEXIS 3188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-society-of-new-york-hospital-nyappdiv-1996.

Opinion

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