Shaffer v. Westchester Crane Service, Inc.

Appellate Division of the Supreme Court of New York

Shaffer v. Westchester Crane Service, Inc.

37 A.D.2d 984, 327 N.Y.S.2d 761, 1971 N.Y. App. Div. LEXIS 2913

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

DecidedNovember 29, 1971

StatusPublished

Cited by1 cases

This text of 37 A.D.2d 984 (Shaffer v. Westchester Crane Service, 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

Shaffer v. Westchester Crane Service, Inc., 37 A.D.2d 984, 327 N.Y.S.2d 761, 1971 N.Y. App. Div. LEXIS 2913 (N.Y. Ct. App. 1971).

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Opinions

—Memorandum. In this negligence action to recover damages for personal injuries, defendant Winston Muss New Rochelle Corp. appeals from so much of an amended judgment of the Supreme Court, Westchester County, entered October 15, 1970, as is in favor of plaintiff against it upon a jury verdict of $138,819. Judgment reversed insofar as appealed from, on the law; and reversed in the interests of justice insofar as it grants recovery over to appellant against third-party defendant Roland Rigging & Erecting Engineers, Inc.; and new trial granted as between plaintiff and appellant and as between appellant and third-party defendant Roland Rigging & Erecting Engineers, Inc., with costs to abide the event. We have considered the questions of fact and have determined that we would not grant a new trial on those questions. In our opinion, the trial court erred in charging the jury that contributory negligence of plaintiff could not be a defense to plaintiff’s action based on section 241 of the Labor Law as it read on July 12, 1967, the date of the accident (Corbett v. Brown, 32 A D 2d 27; Long v. Gartner, 32 A D 2d 25; 21 Syracuse L. Rev. 697). 'Since appellant was granted a recovery over against third-party defendant Roland Rigging & Erecting Engineers, Inc., and the latter failed to take a protective appeal, the interests of justice require that the new trial should also cover that claim.

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—Memorandum. In this negligence action to recover damages for personal injuries, defendant Winston Muss New Rochelle Corp. appeals from so much of an amended judgment of the Supreme Court, Westchester County, entered October 15, 1970, as is in favor of plaintiff against it upon a jury verdict of $138,819. Judgment reversed insofar as appealed from, on the law; and reversed in the interests of justice insofar as it grants recovery over to appellant against third-party defendant Roland Rigging & Erecting Engineers, Inc.; and new trial granted as between plaintiff and appellant and as between appellant and third-party defendant Roland Rigging & Erecting Engineers, Inc., with costs to abide the event. We have considered the questions of fact and have determined that we would not grant a new trial on those questions. In our opinion, the trial court erred in charging the jury that contributory negligence of plaintiff could not be a defense to plaintiff’s action based on section 241 of the Labor Law as it read on July 12, 1967, the date of the accident (Corbett v. Brown, 32 A D 2d 27; Long v. Gartner, 32 A D 2d 25; 21 Syracuse L. Rev. 697). 'Since appellant was granted a recovery over against third-party defendant Roland Rigging & Erecting Engineers, Inc., and the latter failed to take a protective appeal, the interests of justice require that the new trial should also cover that claim.

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Bluebook (online)

37 A.D.2d 984, 327 N.Y.S.2d 761, 1971 N.Y. App. Div. LEXIS 2913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaffer-v-westchester-crane-service-inc-nyappdiv-1971.

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