Dennis v. Cerrone

1 Citing case

  1. Dennis v. Cerrone

    2024 N.Y. Slip Op. 3627 (N.Y. App. Div. 2024)

    At the close of plaintiff's case, the court granted a directed verdict to MCI, but on appeal we reinstated the amended complaint against MCI and granted a new trial (Dennis v Cerrone, 192 A.D.3d 1572, 1573 [4th Dept 2021]). Viewing the evidence in the light most favorable to plaintiff, we concluded that there was "a rational process by which a factfinder could find that MCI had either the power to enforce safety standards and choose responsible contractors or the power to coordinate and supervise the overall project as required for liability under Labor Law ยงยง 240 (1) and 241 (6)" (id. at 1573).