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COSBY v. CITY OF ROCHESTER

1 N.Y.2d 396 (1956)

Robert Cosby, Respondent, v. City of Rochester, Defendant, and John Luther and Sons, Inc., Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Robert C. Winchell for appellant.

Milton Karz for respondent.

DYE, FULD and VAN VOORHIS, JJ., concur with FROESSEL, J; CONWAY, Ch. J., DESMOND and BURKE, JJ., dissent and vote to affirm.

FROESSEL, J.

On October 20, 1953, plaintiff was injured when he fell 25 feet from a scaffold erected alongside a firehouse in the city of Rochester. Plaintiff was at the time a roofer's helper in the employ of Spring Sheet Metal & Roofing Company, a subcontractor, and was engaged in construction work on the aforesaid firehouse. Defendant Luther, appellant here, was the general contractor hired by defendant...

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