FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 9/09/08


CONSTRUCTION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

Quattrocchi v. F.J. Sciame Constr. Co., No. 195 SSM 26
Denial of partial summary judgment on a claim under Labor Law section 240(1), the “Scaffold Law,” is affirmed where: 1) “falling object” liability under that section was not limited to cases in which the falling object is in the process of being hoisted or secured; and 2) triable questions of fact precluded summary judgment.
GOVERNMENT LAW, LABOR & EMPLOYMENT LAW

In the Matter of Ellis, No. 198 SSM 30
Petition for review of termination of petitioner from her position with the Department of Social Services is dismissed where: 1) petitioner’s dismissal for poor performance did not shock the judicial conscience; and 2) the Appellate Division had no discretionary authority or interest of justice jurisdiction to review the penalty imposed.

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