PETERSEN v. RAND CONSTR. CO.


41 Misc.2d 619 (1963)

Harold Petersen, Plaintiff, v. Rand Construction Co., Inc., et al., Defendants. Safway Steel Scaffolds Supply Corp., Third-Party Plaintiff, v. James Di Benedetto et al., Doing Business as State Mason Construction Co., Third-Party Defendants.

Supreme Court, Trial Term, Kings County.

November 27, 1963


Attorney(s) appearing for the Case

Adolph Koeppel for plaintiff. Hanlon & Dawe for Rand Construction Co., Inc., defendant. Evans, Orr, Gourlay & Pacelli for Safway Steel Scaffolds Supply Corp., defendant. Alexander, Ash & Schwartz for Port of New York Authority, defendant. Raymond J. MacDonnell for third-party defendants.


BENJAMIN BRENNER, J.

Implicit in the jury's verdict for the plaintiff is a finding that the defendant Safway, as lessor of the defective scaffolding bracket, had failed to exercise due care in supplying same to the job site, which failure proximately caused plaintiff's injuries. That determination is warranted upon the evidence even though plaintiff's employer may have been concurrently negligent in making use...

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