O'CONNELL v. METRO. LIFE INS. CO.


13 A.D.2d 820 (1961)

Kathryn O'Connell, as Administratrix of The Estate of Daniel O'Connell, Deceased, Appellant, v. Metropolitan Life Insurance Co. et al., Respondents

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

May 22, 1961


Judgment insofar as appealed from affirmed, with costs.

No opinion.

Kleinfeld, J., dissenting.

Decedent was fatally injured, while employed in building construction, when he fell from an opening in an upper story. Defendants are the owner and general contractor, respectively, of the building upon which decedent was so employed. Section 241 of the Labor Law was pleaded by plaintiff, and is applicable. Pursuant to subdivision 6 of said statute...

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