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GIUNTA v. PARKER, STEARNS & CO. INC.

280 A.D. 807 (1952)

Salvatore Giunta, Respondent, v. Parker, Stearns & Co. Incorporated, Defendant and Third-Party Plaintiff-Appellant. Polymer Industries Inc., Third-Party Defendant-Respondent

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

June 16, 1952.

Order reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs.

A recovery against appellant in this action may rest upon a determination that it was guilty, at most, of passive negligence by virtue of the duty imposed on it by sections 255 and 316 of the Labor Law to operate the elevator and the shaftway doors safely. (Cf. Hente v. Shercoop Corp., 289 N.Y. 140.) Consequently, it was...

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