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· 12/20/1993

Comes v. New York State Electric & Gas Corp.

Citations

  • 631 N.E.2d 110
  • 82 N.Y.2d 876
  • 609 N.Y.S.2d 168
  • 1993 N.Y. LEXIS 4352

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding no liability under common law or Labor Law § 200 in absence of evidence of supervision or control
  • upholding dismissal of § 200 claim despite the presence of defendant’s inspector at job site, because “there [wa]s no evidence that defendant exercised supervisory control or had any input into how the steel beam [that caused plaintiffs injury] was moved”
  • owner of premises not liable for actions of contractor, if owner exercises no supervisory control over operation
  • claim pursuant to Section ,241(6) properly dismissed where plaintiffs alleged “only violations of general safety standards of the Industrial Code, not concrete specifications imposing a duty on defendant”
  • “[a]n action premised on Labor Law § 200 is premised on negligence”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa, Smith and Levine Concur

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.