Topic: defendants, as the parties seeking summary judgment dismiss… · Go Syfert
← All topics

Topic #21347

6 canonical passages across 5 cases, quoted by 20 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 Ozimek v. Holiday Valley, Inc..

#Case FlagCanonical passage Citers
1 Ozimek v. Holiday Valley, Inc. Anchor
nyappdiv · 2011
green “defendants, as the parties seeking summary judgment dismissing those claims, were required to 'establish as a matter of law that they did not exercise any supervisory control over the general condition of the premises or that they neither created nor had actual or constructive n…” 4
2 Ozimek v. Holiday Valley, Inc.
nyappdiv · 2011
green “may be liable in common-law negligence and under labor law 200 if it has control over the work site and has created or has actual or constructive notice of the dangerous condition” 4
3 Hennard v. Boyce
nyappdiv · 2004
green “lacked control over the general condition of the premises and neither created nor had actual or constructive notice of any allegedly dangerous condition thereof, and . . . plaintiff failed to raise a triable issue of fact” 3
4 Parker v. Ariel Associates Corp.
nyappdiv · 2005
green “was not using it as a passageway when the accident occurred” 3
5 Smith v. McClier Corp.
nyappdiv · 2005
green “12 nycrr 23-1.7 (e) (1) does not exempt any construction site 'passageway' from its scope; it clearly requires that 'all passageways shall be kept free from . . . obstructions or conditions which could cause tripping” 3
6 Finger v. Cortese
nyappdiv · 2006
green “constructive notice of the condition, i.e., they failed to establish as a matter of law that the condition was not visible and apparent or that it had not existed for a sufficient length of time before the accident to permit ciminelli or its employees to discover and remedy it” 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.

← Caselaw search · Hot / Trending / Newly red · Brief Check