Italiano v. Jeffrey Garden Apts. Section II

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: The Supreme Court, Special Term, Kings County, Thomas E. Morrissey, Jr.
• Citation: Italiano v. Jeffrey Garden Apts. Section II, 169 N.Y.S.2d 737, 3 N.Y.2d 977, 147 N.E.2d 245 (N.Y. 1957)
• Decision Date: 21 November 1957
• Parties: , 147 N.E.2d 245 Anthony ITALIANO, Plaintiff-Appellant, v. JEFFREY GARDEN APTS. SECTION II, Inc., et al., Defendants-Respondents.

Page 737

169 N.Y.S.2d 737

3 N.Y.2d 977, 147 N.E.2d 245

Anthony ITALIANO, Plaintiff-Appellant, v. JEFFREY GARDEN APTS. SECTION II, Inc., et al., Defendants-Respondents.

Court of Appeals of New York.

Nov. 21, 1957.

Appeal from Supreme Court, Appellate Division, Second Department, 3 A.D.2d 677, 159 N.Y.S.2d 338.

Bricklayer's helper brought negligence action against general contractor, fence company, and one, who was employed by fence company to erect fences on garages, for injuries sustained by bricklayer's helper when fence pole, which he was using as a support while working, became detached from roof of garage, causing him to fall to the ground.

The Supreme Court, Special Term, Kings County, Thomas E. Morrissey, Jr., J., entered orders denying the motions of the defendants for dismissal of the complaint, and they appealed.

The Appellate Division reversed the orders and dismissed the complaint.

The bricklayer's helper appealed to the Court of Appeals and made a motion in the Court of Appeals for leave to prosecute appeal as a poor person and for assignment of counsel.

The Court of Appeals, 3 N.Y.2d 787, 164 N.Y.S.2d 39, granted the motion.

The bricklayer's helper contended on appeal to the Court of Appeals that evidence in record clearly showed that the general contractor was liable to the bricklayer's helper, and that one who erected fence was liable for his negligence, and that fence company was liable for its negligence in the causation of the accident, and that issue of contributory negligence was for the jury.

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