KELLY v. DIESEL CONSTR.


70 Misc.2d 686 (1972)

Harold J. Kelly, Plaintiff, v. Diesel Construction, a Division of Carl A. Morse Inc., et al., Defendants.

Supreme Court, Trial Term, New York County.

May 2, 1972


Attorney(s) appearing for the Case

Kuzmier, McKeon & Carrion (James McKeon of counsel), for plaintiff. Craig & Geen (Stanley Geen of counsel), for Diesel Construction, a division of Carl A. Morse Inc., and another, defendants. McMann & Lyons (William Alt of counsel), for Chesebro-Whitman Co., defendant. MacIntyre, Burke & Curry (Thomas F. Cohalan of counsel), for White-Personnel-Material Hoist Co., defendant.


ALLEN MURRAY MYERS, J.

Plaintiff, a steamfitter employed by a subcontractor in the construction of a 40-story office building, was injured when a personnel-material hoist fell more than 20 stories to the bottom of the shaft. He brought an action to recover damages against the general contractor (Diesel) who undertook to and did in fact furnish, maintain and operate the hoist for the use of the employees of all...

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