Cardenas v. One State Street, LLC, 68 A.D.3d 436 (N.Y. App. Div. 2009). · Go Syfert
Cardenas v. One State Street, LLC, 68 A.D.3d 436 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
43 citation events (43 in the last 25 years) across 3 distinct courts.
Strongest positive: Ciru v. Chelsea Dynasty, LLC (nysupctnewyork, 2024-11-26)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
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Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (quoted) Ciru v. Chelsea Dynasty, LLC
N.Y. Sup. Ct., New York Cty. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
this definition requires that work involve changes to the structural integrity of building, as opposed to more renovation of its interior
discussed Cited as authority (rule) Gonzalez v. AB Stable LLC
N.Y. Sup. Ct., New York Cty. · 2026 · confidence medium
Our decisions have required that in order to constitute demolition within the meaning of § 23–3.3, the work must involve changes to the structural integrity of the building as opposed to mere renovation of the interior” (Cardenas v One State St., LLC, 68 AD3d 436, 439 [1st Dept 2009]).
discussed Cited as authority (rule) Macaulay v. New Line Structures & Dev. LLC (2×)
N.Y. App. Div. · 2024 · confidence medium
Fund Corp ., 18 NY3d 1, 10 [2011]; Diaz v HHC TS Reit LLC , 193 AD3d 640, 641 [1st Dept 2021]; Cardenas v One State St., LLC , 68 AD3d 436, 437 [1st Dept 2009]).
discussed Cited as authority (rule) Contreras v. City of New York
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
However, he only addresses Code sections 23-1.15(c), 23-2.1(a)(2), and 23-5.1(j)(1) in his motion papers, and has thus abandoned any others (see Rodriguez v Dormitory Auth. of the State of N.Y., 104 AD3d 529 , 530-531 [1st Dept 2013]; Cardenas v One State St., LLC, 68 AD3d 436, 438 [1st Dept 2009]).
discussed Cited as authority (rule) Ledonne v. 450 Partners LLC
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Industrial Code I 2 NYCRR 23-3.3 (c) As an initial matter, section 23-3.3 (c) is sufficiently specific to support a Labor Law § 241 (6) claim (Cardenas v One State St., LLC, 68 AD3d 436,438 [1st Dept 2009]).
discussed Cited as authority (rule) Petruso v. 185 Broadway Owner LLC
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
To the extent plaintiff’s opposition relies on the Industrial Code provisions addressed herein, the remaining provisions enumerated in the Bill of Particulars are deemed waived (see Cardenas v One State St., LLC, 68 AD3d 436, 438 [1st Dept 2009]).
discussed Cited as authority (rule) Pelaez v. City of New York
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
As such, plaintiff need only show that the absence of adequate safety devices was a proximate cause of his injury at the worksite, which he has done (see, e.g., Ortega, 95 AD3d at 128 ; Mercado v Caithness Long Island LLC, 104 AD3d 576 , 576-77 [1st Dept 2013] [granting summary judgment on liability because "[p]laintiff established that his injuries were caused, at least in part, by the absence of proper protection required by the statute"]; Cardenas v One State St, LLC, 68 AD3d 436, 438 [1st Dept 2009] [granting summary judgment to plaintiff on liability because "plaintiff offered uncontrover…
cited Cited as authority (rule) Mayorga v. 75 Plaza LLC
N.Y. App. Div. · 2021 · confidence medium
Cardenas v One State St., LLC , 68 AD3d 436, 437-438 [1st Dept 2009]; Runner v New York Stock Exch., Inc. , 13 NY3d 599 [2009]).
discussed Cited as authority (rule) VIDEAN, DAVID v. NRG ENERGY, INC.
N.Y. App. Div. · 2017 · confidence medium
We thus conclude that plaintiff has abandoned any reliance on the sections cited in his bills of particulars, except for sections 23-5.1 (e) (1) and (5) “by failing *1535 to address them either in the motion court or on appeal” (Cardenas v One State St., LLC, 68 AD3d 436, 438 [2009]; see Roosa v Cornell Real Prop.
discussed Cited as authority (rule) Kuhn v. Giovanniello
N.Y. App. Div. · 2016 · confidence medium
In our view, plaintiff’s “activity clearly posed a significant risk to [his] safety due to the position of the heavy [pipe] above [his head], even if such elevation differential was slight, and [it] was thus a task where a . . . securing device of the kind enumerated in the statute was . . . necessary and expected” (Cardenas v One State St., LLC, 68 AD3d 436, 437 [2009]; see Zimmer v Town of Lancaster Indus.
discussed Cited as authority (rule) Kuhn v. Giovanniello
N.Y. App. Div. · 2016 · confidence medium
In our view, plaintiff’s “activity clearly posed a significant risk to [his] safety due to the position of the heavy [pipe] above [his head], even if such elevation differential was slight, and [it] was thus a task where a . . . securing device of the kind enumerated in the statute was . . . necessary and expected” (Cardenas v One State St., LLC, 68 AD3d 436, 437 [2009]; see Zimmer v Town of Lancaster Indus.
discussed Cited as authority (rule) In re Julissa P.
N.Y.C. Fam. Ct. · 2016 · confidence medium
Nonetheless, the Court held that “[t]he agreed-upon placement of the child with a relative did not, under the circumstances, obviate the necessity for the court to . . . impose conditions upon respondent” (Matter of Sharnaza Q., 68 AD3d at 436, quoting Matter of Diana Y, 246 AD2d 340 , 340 [1st Dept 1998]).
discussed Cited as authority (rule) FLADD, JESSE v. INSTALLED BUILDING PRODUCTS, LLC
N.Y. App. Div. · 2015 · confidence medium
We note that, with the exception of 12 NYCRR 23-1.21, plaintiff has abandoned any reliance on the various provisions of the Industrial Code and the Code of Federal Regulations cited in his bill of particulars by failing to address them either in the motion court or on appeal (see Cardenas v One State St., LLC, 68 AD3d 436, 438 [2009]).
discussed Cited as authority (rule) Matter of Milton A. v. Tracy H. A.
N.Y. App. Div. · 2015 · confidence medium
We dismiss as abandoned the mother’s appeal from that portion of the court’s order denying renewal, since she failed to raise any arguments regarding that aspect of the order on her appeal (see Cardenas v One State St., LLC, 68 AD3d 436, 438 [1st Dept 2009]).
discussed Cited as authority (rule) 87 Chambers, LLC v. 77 Reade, LLC
N.Y. App. Div. · 2014 · confidence medium
Plaintiffs’ claims under Administrative Code §§ 27-723 and 27-724, and former sections 27-1028, 27-1029 and 27-1032, are dismissed as abandoned as against both BKSK and Weidlinger, since plaintiffs failed to address them in their motion papers or on appeal (see Cardenas v One State St., LLC, 68 AD3d 436, 438 [1st Dept 2009]).
discussed Cited as authority (rule) Luebke v. MBI Group
N.Y. App. Div. · 2014 · confidence medium
Contrary to their argument that plaintiff was not injured at a “building or other structure in the course of demolition” (Industrial Code [12 NYCRR] § 23-3.3 [f]), the gut renovation project involved the destruction of interior walls, which altered “the structural integrity of the building” and therefore constitutes demolition (see Cardenas v One State St, LLC, 68 AD3d 436, 439 [1st Dept 2009] [internal quotation marks omitted]).
discussed Cited as authority (rule) Rodriguez v. Dormitory Authority
N.Y. App. Div. · 2013 · confidence medium
Plaintiff abandoned the Labor Law § 241 (6) claims that are predicated on violations of other Industrial Code provisions and OSHA regulations cited in his bill of particulars, since he failed to address them in his motion papers or on appeal (see Cardenas v One State St., LLC, 68 AD3d 436, 438 [1st Dept 2009]).
discussed Cited as authority (rule) Rodriguez v. Dormitory Authority
N.Y. App. Div. · 2013 · confidence medium
Plaintiff abandoned the Labor Law § 241 (6) claims that are predicated on violations of other Industrial Code provisions and OSHA regulations cited in his bill of particulars, since he failed to address them in his motion papers or on appeal (see Cardenas v One State St., LLC, 68 AD3d 436, 438 [1st Dept 2009]).
discussed Cited as authority (rule) Pritchard v. Tully Construction Co.
N.Y. App. Div. · 2011 · confidence medium
Contrary to the defendant’s contention, the nature of the work being performed at the time of the accident posed a significant risk that the motor weighing 300 to 350 pounds would fall while workers were lifting and attempting to position it on the end of the pipe and, thus, the defendant was obligated to provide appropriate safety devices to hoist and secure this heavy object (see Cardenas v One State St., LLC, 68 AD3d 436, 437 [2009]; Lucas v Fulton Realty Partners, LLC, 60 AD3d at 1006 ; Salinas v Barney Skanska Constr.
discussed Cited as authority (rule) Vasquez v. Urbahn Associates Inc.
N.Y. App. Div. · 2010 · confidence medium
However, it is clear, upon a search of the record, that defendants violated 12 NYCRR 23-3.3 (c) and plaintiff is entitled to summary judgment to the extent that this section of the Industrial Code serves as a predicate for his Labor Law § 241 (6) claim (see Cardenas v One State St., LLC, 68 AD3d 436, 438 [2009]; Gawel v Consolidated Edison Co. of N.Y., 237 AD2d 138, 138 [1997]). 12 NYCRR 23-3.3 (c) mandates “continuing inspections ... by designated persons as the work progresses to detect any hazards to any person resulting from weakened or deteriorated floors or walls or from loosened mate…
Retrieving the full opinion text from the archive…
Jose Cardenas
v.
One State Street, LLC, Appellant-Respondent
Appellate Division of the Supreme Court of the State of New York.
Dec 3, 2009.
68 A.D.3d 436

[*437] Contrary to defendant’s contention, plaintiff was exposed to an elevation-related hazard when he was instructed to pry from the wall an 80-pound, three-foot-high-by-five-foot-wide-by-one-foot-deep electrical panel that was positioned six or seven feet above the ground, and lower it to the floor. He was thereby engaging in an activity covered by section 240 (1) (see Francis v Foremost Contr. Corp., 47 AD3d 672 [2008]). Plaintiff testified that the panel was too heavy and bulky to hold in his hands as he was removing and lowering it, and that the only way to get it down without a hoist or other safety device was to pry it from the wall with a crowbar and let it fall to the ground through the force of gravity. Such an activity clearly posed a significant risk to plaintiffs safety due to the position of the heavy electrical panel above the ground, even if such elevation differential was slight, and was thus a task where a hoisting or securing device of the kind enumerated in the statute was indeed necessary and expected precisely because the object was too heavy to be hoisted or secured by hand (see Brown v VJB Constr. Corp., 50 AD3d 373 [2008]; Mendoza v Bayridge Parkway Assoc., LLC, 38 AD3d 505 [2007]; Salinas v Barney Skanska Constr. Co., 2 AD3d 619[*438] [2003]). Moreover, plaintiff offered uncontroverted evidence that he was not provided with any safety equipment to aid in accomplishing the task he was instructed to perform, and that the failure to provide any such device was the proximate cause of his injuries (see Mendoza and Salinas, supra). Plaintiff testified that, when the electrical panel separated from the wall, the electrical conduit stubs connected to the top of the panel collided with the pipes that ran horizontally beneath the ceiling, redirecting the panel so that instead of falling away from plaintiff, it fell onto his left arm and shoulder, causing severe injury. Defendant’s argument — that plaintiffs admitted failure to test the electrical panel prior to applying force with the crowbar was the sole proximate cause of his accident — is unavailing because no evidence was presented remotely suggesting that plaintiff had adequate safety devices available, that he knew they were available and he was expected to use them, that he chose for no good reason not to do so, or that had he not made that choice he would not have been injured (see Kosavick v Tishman Constr. Corp. of N.Y., 50 AD3d 287, 288 [2008]).

Plaintiff has conceded that he has no viable claims under section 200 and for common-law negligence. The undisputed evidence demonstrates that defendant did not supervise, direct or control plaintiffs work (see Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 505 [1993]).

On the other hand, the section 241 (6) cause of action raises triable issues of fact. Plaintiff abandoned any reliance on the various provisions of the Industrial Code cited in his bill of particulars by failing to address them either in the motion court or on appeal, except for Industrial Code (12 NYCRR) § 23-3.3 (c), which mandates regular inspections “to detect any hazards to any person resulting from weakened or deteriorated floors or walls or from loosened material” during “hand demolition operations,” and further requires that protection against any such discovered hazards be provided by “shoring, bracing or other effective means.” We have held that section 23-3.3 (c) creates a specific standard of care, violation of which can establish liability under Labor Law § 241 (6) (see Gawel v Consolidated Edison Co. of N.Y., 237 AD2d 138 [1997]). Plaintiff established that defendant violated the rule by failing to designate an individual to conduct the required inspections, and that the “loosened material” language of the rule could cover the electrical panel allegedly improperly secured to the wall. It is not possible to discern on this record whether the work being performed at the building amounted to “demolition” within the general meaning of Industrial Code § 23-3.3, or whether any specific[*439] violation of section 23-3.3 (c) was the proximate cause of plaintiffs injuries. “Demolition” is defined in the Code as “work incidental to or associated with the total or partial dismantling or razing of a building or other structure including the removing or dismantling of machinery or other equipment” (12 NYCRR 23-1.4 [b] [16]). Our decisions have required that in order to constitute demolition within the meaning of section 23-3.3, the work must involve “changes to the structural integrity of the building” as opposed to mere renovation of the interior (Solis v 32 Sixth Ave. Co. LLC, 38 AD3d 389, 390 [2007]; see also Baranello v Rudin Mgt. Co., 13 AD3d 245, 246 [2004], lv denied 5 NY3d 706 [2005]). The evidence presented on the motion did not establish conclusively that the asbestos removal project being carried out at One State Street amounted to demolition within the meaning of the Code. Concur — Saxe, J.P., Friedman, Acosta, Renwick and Abdus-Salaam, JJ.