plaintiff must prove violation (New York) · Go Syfert
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plaintiff must prove violation in New York

5 New York opinions name it 1 courts 1994–2014 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Cahill v. TRIBOROUGHgreen
ny · 2004 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014To establish liability under Labor Law § 240 (1), a plaintiff must prove a violation of the statute that was the proximate cause of his injury (Cahill v Triborough Bridge & Tunnel Auth., 4 NY3d 35, 39 [2004]).

2014To establish liability under Labor Law § 240 (1), a plaintiff must prove a violation of the statute that was the proximate cause of his injury (Cahill v Triborough Bridge & Tunnel Auth., 4 NY3d 35, 39 [2004]).

22
Ross v. Curtis-Palmer Hydro-Electric Co.green
ny · 1993 · cited in 2 New York opinions naming this issue, 2006–2011
2 sentences

2011Co., 81 NY2d 494, 505 [1993]).

2006Co., 81 NY2d 494, 505 [1993]).

22
Nagel v. Metzgergreen
nyappdiv · 1984 · cited in 1 New York opinions naming this issue, 1994–1994
1 sentence

1994It should be noted that the First and Fourth Departments disagree with this Department with respect to the requirement that a plaintiff must prove a violation of the specific standards set forth in the implementing regulations (see, Leon v Peppe Realty Corp., 190 AD2d 400, 409 [1st Dept]; Nagel v Metzger, 103 AD2d 1, 7-8 [4th Dept]; cf, Ares v State of New York, 80 NY2d 959, 960 [failure to establish that violation of a safety regulation promulgated pursuant to Labor Law § 241 (6) was the proximate cause of the accident required dismissal]).

11
Leon v. J & M Peppe Realty Corp.green
nyappdiv · 1993 · cited in 1 New York opinions naming this issue, 1994–1994
1 sentence

1994It should be noted that the First and Fourth Departments disagree with this Department with respect to the requirement that a plaintiff must prove a violation of the specific standards set forth in the implementing regulations (see, Leon v Peppe Realty Corp., 190 AD2d 400, 409 [1st Dept]; Nagel v Metzger, 103 AD2d 1, 7-8 [4th Dept]; cf, Ares v State of New York, 80 NY2d 959, 960 [failure to establish that violation of a safety regulation promulgated pursuant to Labor Law § 241 (6) was the proximate cause of the accident required dismissal]).

11
Tamara B. v. Pete F.green
ny · 1992 · cited in 1 New York opinions naming this issue, 1994–1994
1 sentence

1994It should be noted that the First and Fourth Departments disagree with this Department with respect to the requirement that a plaintiff must prove a violation of the specific standards set forth in the implementing regulations (see, Leon v Peppe Realty Corp., 190 AD2d 400, 409 [1st Dept]; Nagel v Metzger, 103 AD2d 1, 7-8 [4th Dept]; cf, Ares v State of New York, 80 NY2d 959, 960 [failure to establish that violation of a safety regulation promulgated pursuant to Labor Law § 241 (6) was the proximate cause of the accident required dismissal]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Statutes the citing opinions construe

NY § N.Y. Labor Law § 241 (5) NY § N.Y. Labor Law § 240 (4) NY § N.Y. Labor Law § 200 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 12 (1968–2019) TX 11 (1980–2025) SC 6 (1992–2026) MO 6 (1984–2017) NY 5 (1994–2014) MS 5 (2000–2016) KS 3 (2000–2001) PA 3 (2003–2020) OH 2 (1992–2025) MI 2 (2021–2023) IL 2 (1981–2019) WA 2 (2021–2023) UT 2 (2025–2026) CT 2 (1999–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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