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JORDAN v. CITY OF NEW YORK

3 A.D.2d 507 (1957)

Catherine Jordan, as Administratrix of The Estate of Joseph Jordan, Deceased, Plaintiff, v. City of New York et al., Defendants City of New York, Third-Party Plaintiff-Appellant, v. Grove, Sheperd, Wilson & Kruge, Inc., Third-Party Defendant-Respondent

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

May 7, 1957.

Attorney(s) appearing for the Case

Fred Iscol of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellant.

Joseph J. Brophy of counsel (Desmond T. Barry and James A. Treanor, Jr., with him on the brief; Cotter, Carey & Schultz, attorneys), for respondent.

PECK, P. J., and FRANK, J., concur with VALENTE, J.; BOTEIN, J., dissents and votes to affirm in opinion, in which BREITEL, J., concurs.

VALENTE, J.

In this wrongful death action the jury returned a verdict in favor of the plaintiff administratrix against the City of New York.

The intestate, an employee of the respondent contractor engaged in constructing a power plant for the city, was killed when he fell into an unguarded turbine pit. The negligence of the city was its failure to comply with section 241 of the Labor Law specifically,...

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