Judgment unanimously modified, on the law and on the facts, to the extent of reversing the judgment in favor of plaintiff-respondent against defendant-appellant and dismissing the main complaint, with costs to defendant-appellant from plaintiff-respondent, and is otherwise affirmed, with costs to third-party defendant-respondent from third-party plaintiff-appellant. Plaintiff, an assistant brick foreman employed by a subcontractor, sued the general contractor for injuries sustained when the scaffold, erected by his employer and on which he was working, collapsed. The case went to the jury on the issue of whether the general contractor had directed the work involved, within the meaning of section 240 of the Labor Law. There was no evidence from which the jury could conclude that the general contractor had assumed direction of the manner or method of the erection of the scaffold
Mulligan v. Cauldwell-Wingate Co.
18 A.D.2d 887
| N.Y. App. Div. | 1963AI-generated responses must be verified and are not legal advice.