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BRACCHI v. KING & SONS

35 Misc.2d 177 (1962)

John Bracchi, Respondent, v. James King & Sons, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

April 26, 1962

Attorney(s) appearing for the Case

John W. Olmstead and John Nielsen for appellant. Winnie & Matis (Robert E. Judge of counsel), for respondent.

Concur — HOFSTADTER, J. P., GOLD and CAPOZZOLI, JJ.

Per Curiam.

In an action in which recovery was based on the failure to supply a safe working space as required by section 200 of the Labor Law, failure to charge that a requisite for defendant's liability was knowledge, actual or constructive of the condition complained of is ground for reversal. (Zaulich v. Thompkins Sq. Holding Co., 10 A.D.2d 492.)

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