Duda v. John W. Rouse Construction Corp.

Appellate Division of the Supreme Court of New York

Duda v. John W. Rouse Construction Corp.

34 A.D.2d 878, 313 N.Y.S.2d 362, 1970 N.Y. App. Div. LEXIS 4862

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

DecidedMay 14, 1970

StatusPublished

This text of 34 A.D.2d 878 (Duda v. John W. Rouse Construction Corp.) 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

Duda v. John W. Rouse Construction Corp., 34 A.D.2d 878, 313 N.Y.S.2d 362, 1970 N.Y. App. Div. LEXIS 4862 (N.Y. Ct. App. 1970).

Pincite

Opinion

Judgment and order unanimously affirmed, without costs. Memorandum: Upon the evidence presented we conclude that by no rational process could the jury find in favor of plaintiff that defendants employed or directed plaintiff to perform labor within the meaning of section 240 of the Labor Law. (Galbraith v. Pike & Son, 18 A D 2d 39; Mendes v. Caristo Constr. Corp., 5 A D 2d 268, affd. 6 N Y 2d 729.) We pass upon no other question. (Appeal from judgment and order of Jefferson Trial Term dismissing complaint in negligence action.) Present — Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.

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Judgment and order unanimously affirmed, without costs. Memorandum: Upon the evidence presented we conclude that by no rational process could the jury find in favor of plaintiff that defendants employed or directed plaintiff to perform labor within the meaning of section 240 of the Labor Law. (Galbraith v. Pike & Son, 18 A D 2d 39; Mendes v. Caristo Constr. Corp., 5 A D 2d 268, affd. 6 N Y 2d 729.) We pass upon no other question. (Appeal from judgment and order of Jefferson Trial Term dismissing complaint in negligence action.) Present — Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.

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Bluebook (online)

34 A.D.2d 878, 313 N.Y.S.2d 362, 1970 N.Y. App. Div. LEXIS 4862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duda-v-john-w-rouse-construction-corp-nyappdiv-1970.