McCARTHY v. EXCH. BUFFET CORP.


18 A.D.2d 693 (1962)

Michael McCarthy, Appellant, v. Exchange Buffet Corp., Defendant and Third-Party Plaintiff-Respondent. Geo. E. Joyce, Inc., Third-Party Defendant-Respondent

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

December 17, 1962


Judgment, insofar as appealed from, affirmed, without costs.

It appears that the defendant Exchange Buffet Corp. engaged plaintiff's employer, Geo. E. Joyce, Inc., to clean and paint certain equipment, including a ventilating hood, in the kitchen of its restaurant. Joyce sent plaintiff to do the work. No ladder or scaffold was supplied to plaintiff, nor was any such appliance requested by him. Instead, in order to reach the ventilating hood for the purpose of painting...

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