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BIDETTO v. NEW YORK CITY HOUS. AUTH.

25 N.Y.2d 848 (1969)

Carolina Bidetto, as Administratrix of The Estate of Peter Bidetto, Also Known as Pietro Bidetto, Deceased, Respondent, v. New York City Housing Authority, Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided July 1, 1969.

Attorney(s) appearing for the Case

John Nielsen and Alan W. Craig for appellant.

Bernard Meyerson and Maxwell J. Eile for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN concur. Judge BURKE dissents and votes to affirm upon the ground that a question of fact was presented for the jury's consideration.

MEMORANDUM.

Decedent, a bricklayer, was injured fatally when bricks which his employer was placing on a floor above where he was working fell on him. He was building a wall and the bricks being placed were to be used as the wall went up. The open space which was to be filled in as the wall was constructed was not an area of common usage in the construction over which the owner retained control. Nor did the owner direct or...

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