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  5. 17 N.Y.2d 118 (1966)
 

JOYCE v. RUMSEY REALTY CORP.

17 N.Y.2d 118 (1966)

John Joyce, Respondent-Appellant, v. Rumsey Realty Corp., Appellant, and H. J. Butler & Bro., Inc., Respondent. Rumsey Realty Corp., Third-Party Plaintiff-Appellant, v. Mara Construction Corp., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided March 24, 1966.

Attorney(s) appearing for the Case

Benjamin H. Siff and Abraham Solomon for respondent-appellant.

Copal Mintz and Morris Zweibel for appellant and third-party plaintiff-appellant.

John Nielsen and Thomas O. Perrell for respondent.

Philip Hoffer, Raymond J. MacDonnell, Peter T. Affatato and Rose L. Hoffer for third-party defendant-respondent.

Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

Chief Judge DESMOND.

At the end of the trial there was, between plaintiff and defendant Rumsey, no unresolved issue as to liability and so a verdict was properly directed for plaintiff against Rumsey, leaving to the jury the fixation of the damages. Rumsey had unquestionably violated the unequivocal command of subdivision 1 of former section 241 of the Labor Law that the contractor must complete the flooring...

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