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BLACKWOOD v. CHEM. CORN EXCH. BANK

4 A.D.2d 656 (1957)

Leonard Blackwood, Respondent, v. Chemical Corn Exchange Bank, Defendant-Appellant and Third-Party Plaintiff. Chicago Cleaning Contractors Corp., Third-Party Defendant

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

December 10, 1957.

Attorney(s) appearing for the Case

George A. Garvey of counsel (Garvey & Conway, attorneys), for defendant-appellant.

Harry L. Koenig for respondent.

BOTEIN, J. P., RABIN, FRANK and VALENTE, JJ., concur.

McNALLY, J.

Defendant appeals from a judgment in favor of plaintiff entered on a verdict after a jury trial. The action is one to recover damages for injuries suffered by the plaintiff resulting from a fall when a ladder owned by the defendant collapsed underneath him. The issue of liability was submitted to the jury solely on the basis of statutory liability under section 240 of the Labor Law. The jury was instructed it might not

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