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WRIGHT v. BELT ASSOC.

14 N.Y.2d 129 (1964)

James Wright, Respondent, v. Belt Associates, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 2, 1964.

Attorney(s) appearing for the Case

Harold V. McCoy for appellant.

Benjamin H. Siff and Norman Roy Grutman for respondent.

Judges FULD, VAN VOORHIS and BURKE concur with Judge SCILEPPI; Chief Judge DESMOND dissents and votes to affirm in an opinion in which Judge DYE concurs; Judge BERGAN taking no part.

SCILEPPI, J.

This action was brought to recover damages for personal injuries allegedly sustained as the result of defendant's negligence.

Plaintiff was employed by Lucien Cance, a subcontractor engaged to install cesspools at homes being constructed in Smithtown, N. Y., by defendant Belt Associates, an owner and builder acting as its own general contractor. The schedule of work established by defendant...

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