MANZITTO v. JACK PARKER CONSTR. CORP.


26 N.Y.2d 975 (1970)

Alfio Manzitto, Appellant, v. Jack Parker Construction Corporation, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 16, 1970.


Attorney(s) appearing for the Case

Robert Klonsky for appellant.

William F. McNulty for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a new trial ordered. The trial court erred in declining to charge section 23-3.8 of the Industrial Code (12 NYCRR 23.3 [h]) in its entirety; there being, at the least, questions of fact whether plaintiff or any other person was required to work within the area of exposure or was required by any work duties being performed elsewhere at that...

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