1. Home
  2. Browse Decisions
  3. Misc.3d
  4. 26 Misc.3d
  5. 26 Misc.3d 493 (2009)
 

FONTAINE v. JUNIPER ASSOC.

21742/2005

26 Misc.3d 493 (2009)

890 N.Y.S.2d 781

2009 NY Slip Op 29441

WILLIAM E. FONTAINE, Plaintiff, v. JUNIPER ASSOCIATES et al., Defendants.

Supreme Court, Bronx County.

Decided June 30, 2009.

Attorney(s) appearing for the Case

Law Office of Thomas K. Moore, White Plains (Patrick Colligan of counsel), for Juniper Associates and others, defendants.

Jacobson & Schwartz, Rockville Centre (Paul Goodovitch and Marc Schultz of counsel), for Hall-Wollford Tank Co., defendant.

DeAngelis & Hafiz, Mount Vernon (Talay Hafiz of counsel), for plaintiff.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Background

This decision determines that, even though the Court of Appeals in Toefer v Long Is. R.R. (4 N.Y.3d 399 [2005]) foreclosed liability under Labor Law § 240 (1) for a fall from a flatbed truck, plaintiff still may establish defendants' liability for materials that fell onto him from a flatbed above. Furthermore, even though the Appellate...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases