concrete standard (New York) · Go Syfert
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concrete standard in New York

9 New York opinions name it 4 courts 1986–2025 1 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
Adams v. Glass Fab, Inc.green
nyappdiv · 1995 · cited in 4 New York opinions naming this issue, 2004–2010
2 sentences

2010Thus, a plaintiff supports a Labor Law § 241 (6) cause of action by demonstrating that his or her injuries were proximately caused by a violation of an Industrial Code rule applicable to the circumstances of the accident and setting forth a concrete standard of conduct rather than a mere reiteration of common-law principles (id.; Ares v State of New York, 80 NY2d 959, 960 [1992]; Adams v Glass Fab, 212 AD2d 972, 973 [1995]).

2009Accordingly, in order to support a cause of action under Labor Law § 241 (6), a plaintiff must demonstrate that his or her injuries were proximately caused by a violation of a New York State Industrial Code provision that is applicable given the circumstances of the accident, and sets forth a concrete standard of conduct rather than a mere reiteration of common-law principles (id. at 502; Ares v State of New York, 80 NY2d 959, 960 [1992]; see also Adams v Glass Fab, 212 AD2d 972, 973 [1995]). 12 NYCRR 23-1.7 (b) (1) (i), which pertains to “falling hazards” and “hazardous openings” provides tha

44
Tamara B. v. Pete F.green
ny · 1992 · cited in 4 New York opinions naming this issue, 2004–2010
2 sentences

2010Thus, a plaintiff supports a Labor Law § 241 (6) cause of action by demonstrating that his or her injuries were proximately caused by a violation of an Industrial Code rule applicable to the circumstances of the accident and setting forth a concrete standard of conduct rather than a mere reiteration of common-law principles (id.; Ares v State of New York, 80 NY2d 959, 960 [1992]; Adams v Glass Fab, 212 AD2d 972, 973 [1995]).

2009Accordingly, in order to support a cause of action under Labor Law § 241 (6), a plaintiff must demonstrate that his or her injuries were proximately caused by a violation of a New York State Industrial Code provision that is applicable given the circumstances of the accident, and sets forth a concrete standard of conduct rather than a mere reiteration of common-law principles (id. at 502; Ares v State of New York, 80 NY2d 959, 960 [1992]; see also Adams v Glass Fab, 212 AD2d 972, 973 [1995]). 12 NYCRR 23-1.7 (b) (1) (i), which pertains to “falling hazards” and “hazardous openings” provides tha

34
Ross v. Curtis-Palmer Hydro-Electric Co.green
ny · 1993 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Co., 81 NY2d 494, 501-502 [1993]).

11
Victoria Woods Homeowners Ass'n, Inc. v. Gonyogreen
nyappdiv · 1993 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Corp. v Nieves, 272 AD2d 435, 435 [2000]; Victoria Woods Homeowners Assn. v Gonyo, 192 AD2d 1107, 1107 [1993]; Polish Natl.

11
Fleet Mortgage Corp. v. Nievesgreen
nyappdiv · 2000 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012Corp. v Nieves, 272 AD2d 435, 435 [2000]; Victoria Woods Homeowners Assn. v Gonyo, 192 AD2d 1107, 1107 [1993]; Polish Natl.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
People v. Joseph green
ny · 1995
2 sentences

2014However, we have also observed that, when the document at issue is in fact unavailable, it may be difficult for the defendant to articulate a concrete claim of prejudice, since he cannot know what information the lost document contained (see Joseph, 86 NY2d at 571 ).

2014We therefore recognized that some degree of conjecture is inherent in an objection on this basis (see Joseph, 86 NY2d at 571 ).

12014–2014
Parker v. 205-209 East 57th Street Associates, LLC neutral
nyappdiv · 2012
1 sentence

2013Assoc., LLC, 100 AD3d 607 , 608 [2d Dept 2012]).

12013–2013
Whalen v. City of New York green
nyappdiv · 2000
1 sentence

2004Ice, snow, water, grease and any other foreign substance which may cause slippery footing shall be removed, sanded or covered to provide safe footing." This provision "contains specific directives that are sufficient to sustain a cause of action under Labor Law § 241(6)" ( Whalen v City of New York , 270 AD2d 340, 342 ).

12004–2004
O'Brien v. O'Brien green
nyappdiv · 1985
1 sentence

1986That privilege, being in the nature of a franchise, was properly considered by the trial court as marital property for the purpose of equitable distribution.” ( 106 AD2d, at p 240 .) Accordingly, this court is unwilling to extend the O’Brien holding to an academic degree, and, therefore, that branch of plaintiff’s cross motion which seeks to amend her answers to interrogatories is denied.

11986–1986

Statutes the citing opinions construe

NY § N.Y. Labor Law § 200 (6) NY § N.Y. Labor Law § 240 (6) NY § N.Y. Labor Law § 241 (6)

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

KY 27 (1923–2006) CA 13 (1924–2017) MS 10 (1967–2015) NY 9 (1986–2025) PA 8 (1975–2023) GA 7 (1916–2023) WA 4 (1940–2013) DC 3 (1970–2013) IL 3 (1981–1999) AL 2 (1912–1976) IA 2 (2021–2023) CT 2 (1994–1997) IN 2 (2003–2007) AZ 2 (1978–2022)

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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