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Gross & Welch P.C. L.L.O. for appellant.
Joseph S. Ramirez P.C. L.L.O. for appellee.
The opinion of the court was delivered by Carlson Judge.
Not Designated for Permanent Publication
Inbody Chief Judge and Irwin and Carlson Judges.
INTRODUCTION
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travel is an integral part of their jobs such as those who travel to different locations to perform their duties as differentiated from employees who commute daily from home to a single workplace'" quoting Ramirez v. Dawson Prod. Partners Inc. 128 N.M. 601 606 995 P.2d 1043 1048 Ct. App. 2000
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GABRIEL v. JOHNSTON'S L.P. GAS SERV. INC.
2012 NY Slip Op 04861
HUGO RAFAEL RAMIREZ GABRIEL ALSO KNOWN AS CESAR MENDEZ ET AL. PLAINTIFFS-APPELLANTS-RESPONDENTS
v.
JOHNSTON'S L.P. GAS SERVICE INC. DEFENDANT-RESPONDENT-APPELLANT ET AL. DEFENDANTS. ACTION NO. 1.
HUGO RAFAEL RAMIREZ
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Decided on September 14 2010
Andrias J.P. McGuire Moskowitz Freedman Romn JJ.
1993 1542405
1Hugo Ramirez Plaintiff-Respondent v Cynthia Shoats Defendant-Appellant Everett Glaspie Construction Inc. etc. et al. Defendants.
Clark Cuyler & Mederos LLP Brooklyn
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Ramirez v Miller 41 AD3d 298 2007 lv dismissed 10 NY3d 784 2008 Ayala v Mutual Hous. Assn. Inc. 33 AD3d 343 2006 Erazo v 136 E. Mgt. 302 AD2d 282 2003 and Brunetti v City of New York 286 AD2d 253 2001 compel the conclusion that summary judgment must be granted to defendant. To be
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38 AD3d 743; Ramirez v Begum 35 AD3d 578; Ortiz v Cormier 10 AD3d 389; Moran v Janowski 276 AD2d 605. In opposition the plaintiff failed to raise a triable issue of fact see Alvarez v Prospect Hosp. 68 NY2d 320. Contrary to the plaintiff's contention the use of a portion of the defendants
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are to be capable of supporting at least 5000 pounds per employee." In addition Bovis's incident investigation report lists the primary cause of the accident as "no fall protection."
Another carpenter on the Time Warner site Robert Ramirez testified at his deposition that he was not required
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its employees when that became necessary. It is well settled that the general employer's retention of the right to discharge the employee does not bar a finding of special employment as a matter of law where the record otherwise warrants such a finding see Ramirez v Miller 41 AD3d 298 2007; 21
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1979 and the affirmation of counsel was insufficient to provide a foundation considering that the report was not PPC's record and had not been exchanged during discovery cf. Asare v Ramirez 5 AD3d 193 194 2004; State of New York v Tarrytown Corporate Ctr. II 208 AD2d 1009 1011 1994. Nor
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of a housing project owned by defendant Judge Gilbert Ramirez Housing Development Fund Company Inc. Bri-Den Construction Co. Inc. was a sub- contractor. Plaintiff Clordia Hawthorne an employee of Bri-Den was injured while working at the construction site and instituted this action for damages
Category: Cases