Munz v. Prestwick Press, Inc.

New York Court of Appeals

Munz v. Prestwick Press, Inc.

316 N.E.2d 347, 34 N.Y.2d 847, 359 N.Y.S.2d 66, 1974 N.Y. LEXIS 1483

DecidedJune 19, 1974

StatusPublished

This text of 316 N.E.2d 347 (Munz v. Prestwick Press, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Munz v. Prestwick Press, Inc., 316 N.E.2d 347, 34 N.Y.2d 847, 359 N.Y.S.2d 66, 1974 N.Y. LEXIS 1483 (N.Y. 1974).

Pincite

Opinion

Order reversed, with costs, and the case remitted to the Appellate Division for further proceedings in accordance with the [849]*849following memorandum: A question of'fact was presented as to whether the defendant’s foreman directed the plaintiff to use the ladder which caused the injury, in which case the defendant would he liable for the injury resulting from the use (Labor Law, § 240; cf. Duda v Rouse Constr. Corp., 32 N Y 2d 405). The case is remitted to the Appellate Division for determination of questions of fact, if any, raised in that court. (CPLR 5612, subd. [a]; 5613; 5712.)

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.

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Order reversed, with costs, and the case remitted to the Appellate Division for further proceedings in accordance with the [849]*849following memorandum: A question of'fact was presented as to whether the defendant’s foreman directed the plaintiff to use the ladder which caused the injury, in which case the defendant would he liable for the injury resulting from the use (Labor Law, § 240; cf. Duda v Rouse Constr. Corp., 32 N Y 2d 405). The case is remitted to the Appellate Division for determination of questions of fact, if any, raised in that court. (CPLR 5612, subd. [a]; 5613; 5712.)

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.

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Bluebook (online)

316 N.E.2d 347, 34 N.Y.2d 847, 359 N.Y.S.2d 66, 1974 N.Y. LEXIS 1483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munz-v-prestwick-press-inc-ny-1974.

Opinion

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