1 A.D.2d 1025 | N.Y. App. Div. | 1956
Action to recover damages for the wrongful death of plaintiff’s intestate and for his conscious pain and suffering. On December 22, 1953, the intestate, while working on a building in the course of construction, was struck by a falling beam and received the injuries from which he died later that day. The beam, which fell and struck the intestate, had been placed horizontally in the building structure and was temporarily secured to vertical beams by a bolt in each of its ends. Another beam, while being lifted by a crane to be placed in the structure, dropped or swung on the crane and struck the first beam, causing the bolts holding it in place to shear off and the beam to fall. The action was brought against Kretzer & Son, Inc., the general contractor; Longwood Erecting Company, Inc., the steel subcontractor; John E. Breen, Inc., the owner, and Stanley Band, the operator, of a crane, used in the steel construction work, and Grand Iron Works, Inc., the supplier of the bolts used to hold the beam in place. Kretzer served cross claims against Longwood, Grand, Breen, and Band, alleging that any negligence causing the death of or injury to the intestate was due to their active negligence. In a second cross claim against Grand, Kretzer sought indemnification under a contract between them. Grand served cross claims against Longwood and Breen alleging that any negligence causing the death of or injury to the intestate was due to their active negligence. Grand served a second cross claim against Longwood for