Koploff v. St. Vincent Ferrer Church

• Decision Date: 07 July 1972
• Parties: , 287 N.E.2d 390 Richard KOPLOFF et al., Respondents, v. ST. VINCENT FERRER CHURCH et al., Appellants, and Andrew LaGrega Concrete Construction Corp., Defendant.
• Court: New York Court of Appeals Court of Appeals

Page 700

335 N.Y.S.2d 700

30 N.Y.2d 949, 287 N.E.2d 390

Richard KOPLOFF et al., Respondents, v. ST. VINCENT FERRER CHURCH et al., Appellants, and Andrew LaGrega Concrete Construction Corp., Defendant.

Court of Appeals of New York.

July 7, 1972.

Appeal from the Supreme Court, Appellate Division, Second Department, 39 A.D.2d 581, 331 N.Y.S.2d 719.

An employee of subcontractor brought an action against the general contractor and the owner of the premises for personal injuries sustained in fall through an unplanked stairwell. The Supreme Court, Kings County, entered a judgment in favor of the employee after a trial on the liability issue only and the general contractor and owner appealed.

The Appellate Division affirmed. It held that contributory negligence was not a defense to plaintiff's claim under the Labor Law.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.