GOTTLIEB v. PARK AVE. OFFICES, INC.


13 A.D.2d 645 (1961)

Joseph Gottlieb, Respondent, v. Park Avenue Offices, Inc., et al., Defendants, and La Sala Contracting Co., Inc., Appellant Park Avenue Offices, Inc., Third-Party Plaintiff, v. La Sala Contracting Company, Inc., Third-Party Defendant

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

April 25, 1961


Judgment for plaintiff against defendant-appellant La Sala Contracting Co., unanimously reversed upon the law and upon the facts, and the complaint dismissed, with costs to defendant-appellant.

The removal by appellant, a mason subcontractor, of the permanently bricked-in louvers, leaving open and unguarded the shaft into which plaintiff fell, was at the direction of plaintiff as assistant superintendent of the general contractor. Such direction was given and complied...

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