Megnin v. Smith & Leo, Inc.

Appellate Division of the Supreme Court of New York

Megnin v. Smith & Leo, Inc.

241 A.D. 671

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

DecidedFebruary 15, 1934

StatusPublished

This text of 241 A.D. 671 (Megnin v. Smith & Leo, Inc.) 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

Megnin v. Smith & Leo, Inc., 241 A.D. 671 (N.Y. Ct. App. 1934).

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Opinion

There was no statutory duty on the defendant general contractor to furnish a scaffold for the bricklayers and there is no proof of any affirmative negligence on the part of the general contractor. The complaint as to it should have been dismissed. Judgment in favor of plaintiff against defendant Tobin & McKenna, Inc., affirmed, with costs to the plaintiff. Judgment in favor of plaintiff and against defendant Smith & Leo, Inc., reversed, with costs to said defendant against plaintiff, and complaint dismissed as to said defendant, with costs. Order appealed from affirmed. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, J.

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There was no statutory duty on the defendant general contractor to furnish a scaffold for the bricklayers and there is no proof of any affirmative negligence on the part of the general contractor. The complaint as to it should have been dismissed. Judgment in favor of plaintiff against defendant Tobin & McKenna, Inc., affirmed, with costs to the plaintiff. Judgment in favor of plaintiff and against defendant Smith & Leo, Inc., reversed, with costs to said defendant against plaintiff, and complaint dismissed as to said defendant, with costs. Order appealed from affirmed. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, J.

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Bluebook (online)

241 A.D. 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/megnin-v-smith-leo-inc-nyappdiv-1934.