Tully v. Roosevelt Properties, Inc.
| Decision Date | 04 May 1970 |
| Court | New York Supreme Court — Appellate Division |
| Parties | Robert TULLY, Respondent, v. ROOSEVELT PROPERTIES, INC., Defendant. JOSEPH BISCEGLIA & SONS, INC., Defendant and Third-Party Plaintiff-Appellant, v. SOUTH SHORE BRICK MASONS, INC., Third-Party Defendant-Respondent. |
Sidney Siben, Bay Shore, for plaintiff-respondent; Benjamin H. Siff, New York City, of counsel.
Katz & Gantman, New York City, for Joseph Bisceglia & Sons, Inc.; Norman H. Dachs, Shayne, Dachs, Weiss, Kolbrener, Levy, Mineola, and Moe Levine, New York City, of counsel.
Hanner, Fitzmaurice & Onorato, New York City, for South Shore Brick Masons, Inc.; William F. McNulty, New York City, of counsel.
Before CHRIST, P.J., and HOPKINS, BRENNAN and BENJAMIN, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, defendant and third-party plaintiff Joseph Bisceglia & Sons, Inc. appeals, as limited by its brief, from so much of an interlocutory judgment of the Supreme Court, Suffolk County, entered May 19, 1969 after a jury trial upon the issues of liability only, as (1) adjudged it liable to plaintiff, upon the jury's verdict, and (2) dismissed its third-party complaint against third-party defendant, South Shore Brick Masons Inc., upon decision of the trial court.
Judgment affirmed insofar as appealed from, with one bill of costs to respondents jointly.
Appellant was the general contractor engaged to construct a department store in Westbury, Long Island. Plaintiff was in the employ of the third-party defendant, a subcontractor engaged by appellant to assist it in the project.
Plaintiff testified that on the morning of December 4, 1962, the date of the accident in which he was injured, he was directed by appellant's superintendent in charge of the project to use a designated well wheel and rope for hoisting cinder blocks up the elevator shaft. The well wheel and rope were attached to the ceiling of the shaft. While he was working on the second story of the structure, hoisting cinder blocks up the elevator shaft with the well wheel and rope, the rope, which was in his land, came apart at a point above his head where it had been knotted. Plaintiff and the cinder blocks were catapulted down the open elevator shaft to its bottom--a distance of about 15 feet.
The case was submitted to the jury on the issue whether appellant, as the general contractor, had violated subdivision 1 of section 240 of the...
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