Bergan v. East 84th Street Const. Corp.
| Decision Date | 27 May 1965 |
| Citation | 261 N.Y.S.2d 80,209 N.E.2d 121,16 N.Y.2d 644 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | , 209 N.E.2d 121 Rubin BERGAN, Respondent, v. EAST 84TH STREET CONSTRUCTION CORP., Appellant, and Joseph Palladino & Co., Inc., Defendant. |
Appeal from Supreme Court, Appellate Division, Second Department, 22 A.D.2d 935, 255 N.Y.S.2d 1010.
Negligence action for personal injuries sustained by plaintiff while working as lather in a house under construction.
The Supreme Court, Kings County, Benjamin Brenner, J., entered judgment from which appeals were taken.
The Appellate Division held that contributory negligence of the lather, who fell through unguarded stairwell into open basement of house under construction when plank in wooden scaffold on which he was standing broke, was for jury.
From an order of the Appellate Division appeals were taken to the Court of Appeals.
Casper B. Ughetta, New York City (Benjamin H. Siff, New York City, of counsel), for appellant.
Melvin N. Weissler and Herman E. Hoberman, Brooklyn (David Kashman, Herman E. Hoberman, Brooklyn, of counsel), for respondent.
Order affirmed, with costs.
All concur except VAN VOORHIS and BERGAN, JJ., who dissent and vote to reverse and to dismiss the complaint for the reasons stated in the memorandum of the dissenting Justices at the Appellate Division except as to contributory negligence.
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