Gorman v. Grand Cent. Bldg., Inc.

• Decision Date: 14 June 1968
• Citation: 292 N.Y.S.2d 916,239 N.E.2d 655,22 N.Y.2d 821
• Parties: , 239 N.E.2d 655 Dorothy M. GORMAN, individually and as Administratrix, etc., Appellant, v. GRAND CENTRAL BUILDING, INC., et al., Respondents, and Emery Roth and Sons, et al., Defendants.
• Court: New York Court of Appeals Court of Appeals

Page 916

292 N.Y.S.2d 916

22 N.Y.2d 821, 239 N.E.2d 655

Dorothy M. GORMAN, individually and as Administratrix, etc., Appellant, v. GRAND CENTRAL BUILDING, INC., et al., Respondents, and Emery Roth and Sons, et al., Defendants.

Court of Appeals of New York.

June 14, 1968.

Appeal from Supreme Court, Appellate Division, First Department, 29 A.D.2d 849, 287 N.Y.S.2d 929.

Kuzmier, McKeon & Schmitt, New York City, and Bovine & Cacace, Yonkers (Benjamin H. Siff, New York City, of counsel), for plaintiff-appellant.

Administratrix of estate of deceased employee of subcontractor brought action against owner of building being constructed and general contractor in charge of construction for death of deceased employee. The deceased employee fell down elevator shaft while working on junction boxes in elevator shafts about three feet above 30th floor. The elevator shafts at the 30th floor were covered with planking. There was no planking across elevator shaft at any floor below 30th floor. The court charged Section 241-a of the Labor Law, Consol.Laws, c. 31 providing that men working at elevator shaftways shall be protected by sound planking laid across opening at levels not more than one story below such men.

The Supreme Court, Trial Term, New York County, Harry B. Frank, J., rendered an order setting aside a jury verdict in favor of the owner of the building and the general contractor and directing a verdict in favor of the deceased employee.

The Appellate Division entered an order March 5, 1968 which reversed, on the law, the order of the Trial Term and reinstated the jury verdict on ground that Section 241-a of the Labor Law was adequately complied with by planking which was installed on the 30th floor.

The administratrix appealed to the Court of Appeals.

Order affirmed, without costs, on the opinion at the Appellate Division.

FULD, C.J., and SCILEPPI, BREITEL and JASEN, JJ., concur.

BERGAN and KEATING, JJ., dissent and vote to reinstate the verdict for the plaintiff as directed by the trial court, upon the ground that the defendants violated the clear mandate of section 241-a of the Labor Law, enacted to protect workmen engaged in this type of work. (See Joyce v. Rumsey Realty Corp., 17 N.Y.2d 118, 269 N.Y.S.2d 105, 216 N.E.2d 317, construing a similar statute, Labor Law, former § 241, subd. 1.)

BURKE, J., took no part.