VIVIAN v. J. W. ENTERS., INC.


16 A.D.2d 933 (1962)

Carrie Vivian, as Administratrix of The Estate of Ernest Vivian, Deceased, Appellant, v. J. W. Enterprises, Inc., et al., Respondents, et al., Defendant J. W. Enterprises, Inc., Third-Party Plaintiff, v. Hegeman-Harris Company, Inc., Third-Party Defendant

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

June 4, 1962


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

The uncontradicted proof in the record established that the opening was necessary for the accomplishment of the work of the ironworkers, and that they had been engaged in and around such opening until a few minutes before the accident. At the time of the accident they were standing by waiting for the decedent to finish the work he was required to perform before they could proceed further. Under such circumstances...

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