KLEIN v. BARGRAY CONSTR. CORP.


1 A.D.2d 883 (1956)

Irving Klein, Plaintiff, v. Bargray Construction Corp., Defendant and Third-Party Plaintiff-Appellant. Zagara Construction Co. Inc., Third-Party Defendant-Respondent

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

March 29, 1956


It is difficult to ascertain from the meager facts pleaded whether in this case the third-party plaintiff was required to maintain a sidewalk shed. Therefore, we need not determine whether the failure to provide such a shed constitutes active or passive negligence. In any event, the complaint is broad enough to admit of recovery by plaintiff upon acts of negligence separate and apart from the alleged failure to comply with the Administrative Code provisions for the maintenance...

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