Foster v. David J. Joseph Co., 216 A.D.2d 944 (N.Y. App. Div. 4th Dep't 1995). · Go Syfert
Foster v. David J. Joseph Co., 216 A.D.2d 944 (N.Y. App. Div. 4th Dep't 1995). Cases Citing This Book View Copy Cite
12 citation events (7 in the last 25 years) across 2 distinct courts.
Cited for
At page 944 Repairing machinery as customary business of employer3 citing casesOrder unanimously affirmed without costs. Memorandum: Plaintiff was injured while repairing and assembling component parts of the cyclone unit of a grinder…opening of page *944 (no citing court says what it cites this page for)
  • Preston v. APCH, Inc., 175 A.D.3d 850 (N.Y. App. Div. 4th Dep't 2019).published 2 cites
    "While the reach of section 240 (1) is not limited to work performed on actual construction sites" ( Martinez , 93 NY2d at 326 ; see Dahar , 18 NY3d at 525 ; Joblon v Solow , 91 NY2d 457, 464 [1998]), the statute does not extend so far as…
  • Dahar v. Holland Ladder & Mfg. Co., 79 A.D.3d 1631 (N.Y. App. Div. 4th Dep't 2010).published
    Steel fabrication is the “customary occupational work” of plaintiff (Jock v Fien, 80 NY2d 965, 966 [1992]), and it is the “customary business of his employer,” West Metal (Foster v Joseph Co., 216 AD2d 944, 944 [1995]).
  • Stoneham v. Joseph Barsuk, Inc., 210 A.D.3d 1479 (N.Y. App. Div. 4th Dep't 2022).published
    Inasmuch as plaintiff was "engaged in his [*2]'normal occupation' of repairing [vehicles] . . . , a task not a part of any construction project or any renovation or alteration to the [recycling plant] itself," he was not engaged in a prote…
At page 945 plaintiff was engaged in his 'normal occupation’ of repairing machinery at a repair shop, a task not a part of any construction project or any renovation or…1 citing caseopening of page *945 (no citing court says what it cites this page for)
  • Lopez v. 6071 Enters., LLC, 2018 NY Slip Op 1372 (N.Y. App. Div. 3d Dep't 2018).published
    Although defendant leased to OAC the property on which the accident occurred, the record establishes that defendant did not exercise supervision or control over the "manner or method of plaintiff's work" ( Foster v Joseph Co. , 216 AD2d 94…
Retrieving the full opinion text from the archive…
Ronald Foster
v.
David J. Joseph Company
Appellate Division of the Supreme Court of the State of New York.
Jun 9, 1995.
Published opinion
216 A.D.2d 944
1995 N.Y. App. Div. LEXIS 7297
Cited by 8 opinions  |  Published

Order unanimously affirmed without costs. Memorandum: Plaintiff was injured while repairing and assembling component parts of the cyclone unit of a grinder system used in the recycling of metal scrap. The repair, refurbishing and assembly of such heavy machinery and equipment is part of the customary business of his employer. Thus,[*945] "plaintiff was engaged in his 'normal occupation’ of repairing machinery at a repair shop, a task not a part of any construction project or any renovation or alteration to the repair shop itself” (Warsaw v Eastern Rock Prods., 193 AD2d 1115). Plaintiff was not engaged in an activity protected by Labor Law § 240 (1) or § 241 (6) (see, Jock v Fien, 80 NY2d 965, 968; Warsaw v Eastern Rock Prods., supra). Further, there is no basis for the imposition of liability pursuant to Labor Law § 200. The record shows that defendant did not exercise supervision or control over the manner or method of plaintiff s work (see, Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877; cf., Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 505). Thus, Supreme Court properly dismissed the complaint in its entirety. (Appeal from Order of Supreme Court, Niagara County, Mintz, J.—Labor Law.) Present—Denman, P. J., Lawton, Wesley, Balio and Boehm, JJ.