DeLay v. Roman Catholic Church of St. Paul

Appellate Division of the Supreme Court of New York

DeLay v. Roman Catholic Church of St. Paul

274 A.D. 1002, 84 N.Y.S.2d 383, 1948 N.Y. App. Div. LEXIS 4452

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 13, 1948

StatusPublished

Cited by1 cases

This text of 274 A.D. 1002 (DeLay v. Roman Catholic Church of St. Paul) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DeLay v. Roman Catholic Church of St. Paul, 274 A.D. 1002, 84 N.Y.S.2d 383, 1948 N.Y. App. Div. LEXIS 4452 (N.Y. Ct. App. 1948).

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Opinion

In an action against the Roman Catholic Church of St. Paul, the owner of the building in which the alleged accident occurred, and against Thales Co., Inc., the general contractor engaged by that owner to repair ornamental cornices in that building, brought by an employee of a subcontractor to recover for injuries sustained when, during progress of the work, an ornamental plaster cornice fell upon him, judgment was granted dismissing the complaint as to both the owner and the general contractor at the close of plaintiff’s ease. As to respondent Thales Co., Inc., judgment reversed upon the law and the facts and a new trial granted, with costs to appellant -to abide the event. As to respondent the Roman Catholic Church of St. Paul, judgment unanimously affirmed, with costs. In our opinion the proof adduced made out a prima facie ease against respondent Thales Co., Inc., which had contracted to repair the ornamental plaster; but did not constitute a prima facie case against the owner, who had so contracted for the repair thereof. (Kowalsky v. Conreco Co., 264 N. Y. 125; Mullin v. Genesee County Elec. Light, Power & Gas Co., 202 N. Y. 275.) Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.

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In an action against the Roman Catholic Church of St. Paul, the owner of the building in which the alleged accident occurred, and against Thales Co., Inc., the general contractor engaged by that owner to repair ornamental cornices in that building, brought by an employee of a subcontractor to recover for injuries sustained when, during progress of the work, an ornamental plaster cornice fell upon him, judgment was granted dismissing the complaint as to both the owner and the general contractor at the close of plaintiff’s ease. As to respondent Thales Co., Inc., judgment reversed upon the law and the facts and a new trial granted, with costs to appellant -to abide the event. As to respondent the Roman Catholic Church of St. Paul, judgment unanimously affirmed, with costs. In our opinion the proof adduced made out a prima facie ease against respondent Thales Co., Inc., which had contracted to repair the ornamental plaster; but did not constitute a prima facie case against the owner, who had so contracted for the repair thereof. (Kowalsky v. Conreco Co., 264 N. Y. 125; Mullin v. Genesee County Elec. Light, Power & Gas Co., 202 N. Y. 275.) Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.

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Bluebook (online)

274 A.D. 1002, 84 N.Y.S.2d 383, 1948 N.Y. App. Div. LEXIS 4452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delay-v-roman-catholic-church-of-st-paul-nyappdiv-1948.

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