SARNELLI v. 3RD & AVE. X CORP.


15 A.D.2d 964 (1962)

William Sarnelli, Appellant, v. 3rd and Ave. X Corp., Respondent

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

March 26, 1962


Plaintiff was injured when a wooden plank, stretched across "horses," on which he stood, collapsed by reason of a knot in the plank. The proof showed that, while the defendant had the duty of purchasing the lumber to be used on the construction job in progress, it had made no inspection thereof; that the plaintiff's employer (the carpentry subcontractor) alone had control of the lumber after its delivery to the job site; and that said employer had rejected other defective...

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