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Nocera v. Tri-Delta Aggregates, Inc.
Citations: 163 A.D.2d 867; 559 N.Y.S.2d 835; 1990 N.Y. App. Div. LEXIS 9559
Court: Appellate Division of the Supreme Court of the State of New York; July 13, 1990; New York; State Appellate Court
The order from the Supreme Court was unanimously reversed without costs, and the defendant's motion for summary judgment was denied. The court found that the Supreme Court had erred in granting the defendant's motion to dismiss the plaintiff's complaint, which alleged a violation of Labor Law §241(6). The defendant did not sufficiently demonstrate that the plaintiff was not engaged in construction work at the time of the accident, nor did it prove that the accident did not occur in an area owned or controlled by the defendant. Relevant cases were cited to support these points, including Lozo v Crown Zellerbach Corp., DaBolt v Bethlehem Steel Corp., and others. The appeal was from an order of the Supreme Court in Erie County, presided over by Justice Flaherty. The decision was rendered by Justices Dillon, Doerr, Boomer, Lawton, and Davis.