Koenig v. Patrick Construction Corp.

Appellate Division of the Supreme Court of New York

Koenig v. Patrick Construction Corp.

272 A.D.2d 1032

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

DecidedOctober 27, 1947

StatusPublished

This text of 272 A.D.2d 1032 (Koenig v. Patrick 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.

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Koenig v. Patrick Construction Corp., 272 A.D.2d 1032 (N.Y. Ct. App. 1947).

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Opinion

Action to recover damages for injuries suffered by plaintiff, an independent contractor and window cleaner, when a ladder on which he was standing slipped and fell to the floor inside a school auditorium. The defendant was a general construction contractor. Judgment, entered on the verdict of a jury in favor of defendant, affirmed, with costs. No opinion. Lewis, P. J., Johnston, Adel and Sneed, JJ., concur; Carswell, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memo- : randum: There was a nondelegable duty to furnish, under section 240 of the Labor Law, a good device, if the furnishing of any was undertaken, one with proper safety feet, etc. Plaintiff was entitled to have the jury so instructed; and further, that if this- duty was breached, contributory ¡ negligence was not a defense. (Laurin v. Patrick Constr. Corp., 263 App. Div. 1013; Pollard v. Trivia Building Corp., 291 N. Y. 19, 24.)

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Action to recover damages for injuries suffered by plaintiff, an independent contractor and window cleaner, when a ladder on which he was standing slipped and fell to the floor inside a school auditorium. The defendant was a general construction contractor. Judgment, entered on the verdict of a jury in favor of defendant, affirmed, with costs. No opinion. Lewis, P. J., Johnston, Adel and Sneed, JJ., concur; Carswell, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memo- : randum: There was a nondelegable duty to furnish, under section 240 of the Labor Law, a good device, if the furnishing of any was undertaken, one with proper safety feet, etc. Plaintiff was entitled to have the jury so instructed; and further, that if this- duty was breached, contributory ¡ negligence was not a defense. (Laurin v. Patrick Constr. Corp., 263 App. Div. 1013; Pollard v. Trivia Building Corp., 291 N. Y. 19, 24.)

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