WARNECKE v. N. Y. CITY HOUS. AUTH.


21 Misc.2d 636 (1959)

Charles D. Warnecke, Respondent, v. New York City Housing Authority et al., Defendants, and H. R. H. Construction Corp., Appellant.

Supreme Court, Appellate Term, First Department.

October 8, 1959.


Attorney(s) appearing for the Case

George J. Conway and Russell B. Greaves for appellant.

Paul P. Meltzer and Maxwell J. Eile for respondent.

Concur — HECHT and AURELIO, JJ.; HOFSTADTER, J. P., dissents in opinion.


Per Curiam.

Plaintiff admitted that in his 23 years of experience it was normal practice to install "separators" or "sleeves" and that there was nothing unusual in the application thereof on the job in question.

Not only is there no evidence of any unexpected condition which would furnish the basis of a claim of negligence against the general contractor, but there is every indication that plaintiff was not...

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