Adler v. Long Island Railroad Company

74 N.E.2d 474, 297 N.Y. 542, 1947 N.Y. LEXIS 1031

• Court: New York Court of Appeals
• Decided: July 2, 1947
• Status: Published

Opinion

As to the defendant Long Island Bailroad Company, judgment affirmed, with costs. Concur: Lewis, Thagher, Dye and Fuld, JJ. Dissent: Lohghran, Ch. J., Conway and Desmond, JJ. ,

As to the defendant Tully & Di Napoli, Inc., judgments reversed and a new trial granted, with costs to abide the event. Concur: Lohghran, Ch. J., Lewis, Conway, Desmond, Thagher and Furo, JJ. Dye, J., dissents and votes to affirm on the ground there is no common-law liability of this defendant under the authority of Moore v. Wills, Inc. (250 N. Y. 426) and Iacono v. Frank & Frank Contracting Co. (259 N. Y. 377).

A majority of the court is of opinion that subdivision 7 of section 241 of the Labor Law has no application to either defendant in the circumstances of this case. .A majority of the court is of opinion that there was evidence of common-law negligence proper to be submitted to the jury as against the defendant Tully & Di Napoli, Inc.