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CIRCOSTA v. 29 WASHINGTON SQUARE CORP.

2 N.Y.2d 996 (1957)

Pasqualina Circosta et al., as Administratrices of The Estate of Joseph Circosta, Deceased, Respondents, v. 29 Washington Square Corporation, Appellant and Third-Party Plaintiff-Appellant; A. J. Contracting Corporation, Third-Party Defendant-Respondent. Concetta Marinaro, as Administratrix of The Estate of Ciro Marinaro, Deceased, Respondent, v. 29 Washington Square Corporation, Appellant and Third-Party Plaintiff-Appellant; A. J. Contracting Corporation, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided April 12, 1957.

Attorney(s) appearing for the Case

William L. Shumate and Samuel E. Swiggett for appellant and third-party plaintiff-appellant.

Bernard Meyerson, Paul M. Asciutto and Paul P. Meltzer for Pasqualina Circosta and another, respondents.

Charles Margett and H. Stuart Klopper for Concetta Marinaro, respondent.

Herbert A. McDevitt and William A. Needham for third-party defendant-respondent.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ. VAN VOORHIS, J., dissents in the following opinion.

Judgment affirmed, with costs.

VAN VOORHIS, J. (dissenting).

The duty of the owner to supply the contractor's workmen with a safe place to work, either at common law or under section 200 of the Labor Law, is not held to extend to dangers arising from the nature of the work undertaken by the contractor. This contractor undertook to make alterations increasing the number of living units in an apartment house. The work contracted to be performed...

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