MACK v. HASWIN CORP.


277 A.D. 995 (1950)

Romie Mack, Plaintiff, v. Haswin Corporation et al., Defendants John W. Harris Associates, Inc., Defendant and Third-Party Plaintiff-Appellant, v. Knickerbocker Concrete Arch Construction Co., Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 16, 1950.


Judgment, insofar as appealed from, unanimously affirmed, with costs.

A practical construction by the parties could determine whether the agreement of the concrete subcontractor to place "proper guards" about its work included the guarding of an opening not described on the original plans but which was inserted in the plans by the general contractor for its own hoistway, which it rented to others. The undisputed proof shows that the duty of barricading or closing...

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