DE VIVO v. DARTWOOD REALTY CO., INC.


33 A.D.2d 1022 (1970)

Vincent De Vivo, Appellant, v. Dartwood Realty Co., Inc., et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 2, 1970


Judgment affirmed insofar as it is in favor of defendant Monitor Plumbing & Heating Co., Inc., without costs; and, as to defendant Dartwood Realty Co., Inc., judgment reversed, on the law, action severed, and new trial granted, with costs to abide the event.

In our opinion the proof raised a question for the jury as to whether defendant Dartwood Realty Co., Inc., violated subdivision (i) of rule 23.3 of the Industrial Code (12 NYCRR 23.3, subd. [i]). If it did...

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