· 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 CourtListenerSourced 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.