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RIVERS v. SAUTER

26 N.Y.2d 260 (1970)

Arthur Rivers, Appellant, v. Peter Sauter, Respondent.

Court of Appeals of the State of New York.

Decided April 8, 1970.

Attorney(s) appearing for the Case

Leonard A. Sheft and Harry Bermack for appellant.

Daniel J. Coughlin for respondent.

Chief Judge FULD and Judges BURKE, BREITEL and GIBSON concur with Judge BERGAN; Judge SCILEPPI dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

BERGAN, J.

Plaintiff is a painter. Defendant hired him to paint the outside of his frame dwelling house. Plaintiff testified he agreed to paint "the outside" of the house, the "wooden frame * * * the border, the window frame, and the doorways". He was to be paid at an hourly rate.

Defendant furnished a ladder on which a rung broke while plaintiff was using it...

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