Anderson v. Bush Indus., Inc., 280 A.D.2d 949 (N.Y. App. Div. 2001). · Go Syfert
Anderson v. Bush Indus., Inc., 280 A.D.2d 949 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
38 citation events (38 in the last 25 years) across 7 distinct courts.
Strongest positive: Moore v. William Jessup University (calctapp, 2015-12-28)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Moore v. William Jessup University
Cal. Ct. App. · 2015 · confidence medium
Co. (Ky.Ct.App. 2002) 94 S.W.3d 381, 382 [delivery driver for UPS injured his back while lifting a heavy package]; Anderson v. Bush Industries, Inc. (N.Y.App.Div. 2001) 280 A.D.2d 949, 950 [ 720 N.Y.S.2d 699, 700 ] [“the hazard of being injured as a result of repeatedly lifting heavy boxes and loading them into a truck is inherent in the work of a UPS driver”].) The risk of injury based on inaccurate weight information on a shipping label prepared by a UPS customer was also an obvious risk of Moore’s job.
discussed Cited as authority (rule) Carr v. McHugh Painting Co.
N.Y. App. Div. · 2015 · confidence medium
“Labor Law § 200 is a codification of the common-law duty imposed upon an owner or general contractor to provide employees with a safe place to work” (Anderson v Bush Indus., 280 AD2d 949, 950 [2001]; see Lombardi v Stout, 80 NY2d 290, 294 [1992]; Jock v Fien, 80 NY2d 965, 967 [1992]).
discussed Cited as authority (rule) Carr v. McHugh Painting Co.
N.Y. App. Div. · 2015 · confidence medium
“Labor Law § 200 is a codification of the common-law duty imposed upon an owner or general contractor to provide employees with a safe place to work” (Anderson v Bush Indus., 280 AD2d 949, 950 [2001]; see Lombardi v Stout, 80 NY2d 290, 294 [1992]; Jock v Fien, 80 NY2d 965, 967 [1992]).
cited Cited as authority (rule) Jones v. County of Erie
N.Y. App. Div. · 2014 · confidence medium
Corp., 18 NY3d 499, 506 [2012]; Anderson v Bush Indus., 280 AD2d 949, 950 [2001]).
cited Cited as authority (rule) Jones v. County of Erie
N.Y. App. Div. · 2014 · confidence medium
Corp., 18 NY3d 499, 506 [2012]; Anderson v Bush Indus., 280 AD2d 949, 950 [2001]).
discussed Cited as authority (rule) Sepulveda-Vega v. Suffolk Bancorp.
N.Y. App. Div. · 2014 · confidence medium
The defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence demonstrating that the subject bag of coins was not over an accepted or contractually agreed upon weight at the time of the alleged incident, and that the plaintiff’s injury resulted from a risk inherent in his assigned work as a courier for an armored car service (see Wagner v Wody, 98 AD3d 965, 966 [2012]; Marin v San Martin Rest., 287 AD2d 441 [2001]; Anderson v Bush Indus., 280 AD2d 949, 950 [2001]).
discussed Cited as authority (rule) Vega v. Restani Construction Corp. (2×)
NY · 2012 · confidence medium
Anderson v Bush Indus., 280 AD2d 949, 950 [4th Dept 2001] [holding that "the hazard of being injured as a result of repeatedly lifting heavy boxes and loading them into a truck is inherent in the work of a UPS driver"]; Marin v San Martin Rest., 287 AD2d 441, 441 [2d Dept 2001] [holding that "(t)he hazard of being injured as a result of lifting a heavy garbage bag and loading it into a sanitation truck is inherent in the work of a sanitation worker"]).
discussed Cited as authority (rule) Dziengielewski v. Tops Markets, LLC
N.Y. App. Div. · 2009 · confidence medium
Defendant failed to establish its entitlement to summary judgment as a matter of law, inasmuch as its submissions in support of its motion raised an issue of fact whether defendant had undertaken the duty of providing the means by which plaintiff was to move the barrels from the receiving area (see Anderson v Bush Indus., 280 AD2d 949, 950 [2001]; see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]).
discussed Cited as authority (rule) Monahan v. New York City Department of Education
N.Y. App. Div. · 2008 · confidence medium
The duty of an employer to provide its employees with a safe place to work (see Gasper v Ford Motor Co., 13 NY2d 104, 110 [1963]; Hess v Bernheimer & Schwartz Pilsener Brewing Co., 219 NY 415, 418 [1916]; Anderson v Bush Indus., 280 AD2d 949, 950 [2001]), “does not extend to hazards which are part of or inherent in the very work which the [employee] is to perform [nor] ...
discussed Cited "see" Leggio v. State of New York
N.Y. App. Div. · 2019 · signal: see · confidence high
Such a duty, however, "does not extend to hazards which are part of or inherent in the very work" being performed ( Gasper v Ford Motor Co. , 13 NY2d 104, 110 [1963], mot to amend remittitur granted 13 NY2d 893 [1963]; see Anderson v Bush Indus. , 280 AD2d 949, 950 [4th Dept 2001]; see generally Labor Law § 200; Maldonado v State of New York , 255 AD2d 630, 631 [3d Dept 1998]).
discussed Cited "see" Wagner v. Wody
N.Y. App. Div. · 2012 · signal: see · confidence high
This Court concluded that the defendant’s motion for summary judgment dismissing the complaint should have been granted because “[t]he hazard of being injured as a result of lifting a heavy garbage bag and loading it into a sanitation truck is inherent in the work of a sanitation worker” (id. at 441; see Anderson v Bush Indus., 280 AD2d 949, 950 [2001] [injury sustained by plaintiff, a driver for the United Parcel Service, when he was lifting heavy boxes piled on the defendant’s loading dock, was inherent in the work he was hired to perform]).
discussed Cited "see" Wagner v. Wody
N.Y. App. Div. · 2012 · signal: see · confidence high
This Court concluded that the defendant’s motion for summary judgment dismissing the complaint should have been granted because “[t]he hazard of being injured as a result of lifting a heavy garbage bag and loading it into a sanitation truck is inherent in the work of a sanitation worker” (id. at 441; see Anderson v Bush Indus., 280 AD2d 949, 950 [2001] [injury sustained by plaintiff, a driver for the United Parcel Service, when he was lifting heavy boxes piled on the defendant’s loading dock, was inherent in the work he was hired to perform]).
discussed Cited "see" Hilts v. FF Thompson Health System, Inc.
N.Y. App. Div. · 2010 · signal: see · confidence high
The doctrine applies where the plaintiff submits evidence establishing “that some of [his or] her return visits to defendants were contemplated by both plaintiff and defendants[ ] and that defendants treated plaintiff for symptoms indicating the existence of’ an undiagnosed condition (Green v Varnum, 273 AD2d 906, 907 [2000]; see Bonanza, 280 AD2d 949 ).
Retrieving the full opinion text from the archive…
James S. Anderson
v.
Bush Industries, Inc.
Appellate Division of the Supreme Court of the State of New York.
Feb 7, 2001.
280 A.D.2d 949
2001 N.Y. App. Div. LEXIS 1295
Cited by 24 opinions  |  Published

—Order unanimously reversed on the law without costs, cross motion denied, motion granted and complaint dismissed. Memorandum: Plaintiff, a driver for United Parcel Service (UPS), commenced this action seeking damages for personal injuries he sustained allegedly as a result of being required to lift heavy boxes piled on the loading dock at the factory owned by defendant, Bush Industries, Inc., and load them into his truck. He alleged that defendant’s employees were negligent in piling the boxes at such a height that he was required to reach over his head to retrieve those at the top of the piles, and that as a result he sustained long thoracic nerve palsy. Defendant moved for summary judgment dismiss[*950] ing the complaint and plaintiff cross-moved for permission to amend his bill of particulars to allege a violation of Labor Law § 200. Supreme Court denied the motion and granted the cross motion. We reverse.

Labor Law § 200 is a codification of the common-law duty imposed upon an owner or general contractor to provide employees with a safe place to work (see, Jock v Fien, 80 NY2d 965, 967; see also, Comes v New York State Elec. & Gas Corp., 82 NY2d 876, 877; Russin v Picciano & Son, 54 NY2d 311, 316-317). Although that duty extends to employees of a contractor, there are two exceptions to that duty that are relevant here. The duty does not extend to “hazards which are part of or inherent in the very work which the contractor is to perform” (Gasper v Ford Motor Co., 13 NY2d 104, 110, mot to amend remittitur granted 13 NY2d 893; see also, Akinwande v City of New York, 260 AD2d 586, 587, lv dismissed in part and denied in part 93 NY2d 1030; Cannon v State of New York, 232 AD2d 444, lv denied 89 NY2d 810; Stephens v Tucker, 184 AD2d 828, 829). Here, the hazard of being injured as a result of repeatedly lifting heavy boxes and loading them into a truck is inherent in the work of a UPS driver. Plaintiff’s injury did not result from a defective condition in defendant’s plant, but rather, resulted from a risk inherent in the work that was the subject of the contract between plaintiffs employer and defendant.

Additionally, with respect to both common-law negligence and Labor Law § 200, an owner does not owe a duty to protect a contractor’s employee from hazards resulting from the contractor’s methods over which the owner exercises no supervisory control (see, Comes v New York State Elec. & Gas Corp., supra, at 877; Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 505; Lombardi v Stout, 80 NY2d 290, 295; Gasper v Ford Motor Co., supra, at 110-111). Defendant submitted evidence establishing that its contract with UPS contained no provision concerning the height to which boxes could be piled on defendant’s loading dock and that it was the responsibility of UPS, in carrying out its responsibilities under the contract, to determine the manner in which the work was to be performed. Defendant established that the injury was the result of the methods utilized by plaintiffs employer, and plaintiff failed to raise an issue of fact. (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Green, Hayes, Scudder and Kehoe, JJ.