Cordova v. Thessalonica Court Assocs., 35 A.D.3d 256 (N.Y. App. Div. 2006). · Go Syfert
Cordova v. Thessalonica Court Assocs., 35 A.D.3d 256 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 2 distinct courts.
Strongest positive: BURNS, JEFFERY v. LECESSE CONSTRUCTION SERVICES LLC (nyappdiv, 2015-07-02)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) BURNS, JEFFERY v. LECESSE CONSTRUCTION SERVICES LLC
N.Y. App. Div. · 2015 · confidence medium
Because neither subcontractor met its burden of establishing that it did not create the dangerous condition at the worksite in violation of Labor Law § 200, I would affirm that part of the order denying the motion of Dukes and the cross motion of U.S. Ceiling insofar as they sought summary judgment dismissing the Labor Law § 200 claim against them (see Andrade v Triborough Bridge & Tunnel Auth., 35 AD3d 256, 257 [2006]).
discussed Cited as authority (rule) Fraser v. Pace Plumbing Corp.
N.Y. App. Div. · 2012 · confidence medium
These issues include whether Pace created the hole into which the scaffold slipped; whether Pace’s workers removed the plywood coverings from the holes, in light of the evidence that the coverings were piled in the same manner that Pace’s witness described; and whether Pace’s witness was credible when he described how the site supervisor was notified after the holes were drilled, considering that another subcontractor drilled the holes (see Andrade v Triborough Bridge & Tunnel Auth., 35 AD3d 256, 257 [2006]).
cited Cited as authority (rule) Taylor v. Lehr Construction Corp.
N.Y. App. Div. · 2008 · confidence medium
Andrade v Triborough Bridge & Tunnel Auth., 35 AD3d 256, 257 [2006]).
discussed Cited as authority (rule) Bell v. Bengomo Realty, Inc.
N.Y. App. Div. · 2007 · confidence medium
As against Astrov, however, the section 241 (6) was properly dismissed because there was no evidence that it was a statutory agent, owner or general contractor at the site (Andrade v Triborough Bridge & Tunnel Auth., 35 AD3d 256, 257 [2006]).
discussed Cited "see, e.g." Ciru v. Chelsea Dynasty, LLC
N.Y. Sup. Ct., New York Cty. · 2024 · signal: see also · confidence medium
Courts have held that, "[t]he label given a defendant, whether 'construction manager' or 'general contractor,' is not determinative ... [inasmuch as] the core inquiry is whether the defendant had the 'authority to supervise or control the activity bringing about the injury so as to enable it to avoid or correct the unsafe condition'" Stiegman v Barden & Robeson Corp., 162 AD3d 1694 , 1697 (4th Dept 2018); see also Andrade v Triborough Bridge & Tunnel Auth., 35 AD3d 256, 257 (1st Dept 2006). 154352/2016 CIRU, FELIX vs.
Retrieving the full opinion text from the archive…
Hilda Cordova
v.
Thessalonica Court Associates
Appellate Division of the Supreme Court of the State of New York.
Dec 14, 2006.
35 A.D.3d 256
Cited by 2 opinions  |  Published

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered June 6, 2005, which summarily denied defendant’s motion to vacate a default judgment against it, unanimously reversed, on the law, without costs, and the matter remanded for a traverse hearing to determine whether the court had jurisdiction to render the default judgment.

Defendant’s motion for relief from the subject default judgment was supported by affidavits of defendant’s managing general partner and site manager attesting that defendant had no record of having been served with the summons and complaint in this matter; further averring that the site manager was the only representative of defendant authorized to accept service at the site where service was allegedly made, and that she had not been served with the papers; and denying that, at the time of the alleged service, defendant employed any individual fitting the description of the person served set forth in the affidavit of service filed with the court. In view of this evidence, an issue of fact exists as to whether plaintiff validly served defendant with process in accordance with CFLR 310 so as to invest the court with jurisdiction to render the subject default judgment. Accordingly, a traverse hearing must be held to determine whether defendant is entitled to relief from the judgment pursuant to CFLR 5015 (a) (4). Concur—Mazzarelli, J.E, Friedman, Nardelli, Gonzalez and Catterson, JJ.