Topic: it is settled law that where the alleged defect or dangerou… · Go Syfert
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Topic #10939

7 canonical passages across 7 cases, quoted by 35 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Lombardi v. Stout.

#Case FlagCanonical passage Citers
1 Lombardi v. Stout Anchor
ny · 1992
green “it is settled law that where the alleged defect or dangerous condition arises from the contractor's methods and the owner exercises no supervisory control over the operation, no liability attaches to the owner under the common law or under section 200 of the labor law” 16
2 Giglio v. St. Joseph Intercommunity Hospital
nyappdiv · 2003
green “an indemnification agreement will be deemed void and unenforceable if the party seeking indemnification was itself negligent” 4
3 Gaisor v. Gregory Madison Avenue, LLC
nyappdiv · 2004
green “ice, snow, water, grease and any other foreign substance which may cause slippery footing shall be removed, sanded or covered to provide safe footing.” 3
4 Arenas v. Bon-Ton Department Stores, Inc.
nyappdiv · 2006
green “the parts of floors . . . where persons work or pass shall be kept free . . . from scattered tools and materials . . . insofar as may be consistent with the work being performed.” 3
5 Landon v. Austin
nyappdiv · 2011
green “raises no new factual allegations or theories of liability and results in no discernible prejudice to nestle and austin” 3
6 Bannister v. LPCiminelli, Inc.
nyappdiv · 2012
green “need not establish that nestle had supervisory control over the work being performed in the event that the accident was caused by a defective condition on the premises and nestle had actual or constructive notice of such defect” 3
7 Nacewicz v. Roman Catholic Church of the Holy Cross
nyappdiv · 2013
green “amounts, at most, to contributory negligence, a defense inapplicable to a labor law 240 (1) cause of action” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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