RAINBOW v. ELIA BLDG CO.


49 A.D.2d 250 (1975)

Roger L. Rainbow, Respondent, v. Albert Elia Building Co., Inc., Appellant

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

October 31, 1975


Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Stephen H. Kelly and Ralph W. Larson of counsel), for appellant.

Paul William Beltz, P. C. (Russell T. Quinlan of counsel), for respondent.

MARSH, P. J., CARDAMONE, GOLDMAN and WITMER, JJ., concur.


SIMONS, J.

Plaintiff seeks damages for personal injuries he sustained one night when he drove his motorcycle into a section of the Townline Road in Lewiston, New York, which was under construction. He originally sought recovery on the theory of negligence, charging that defendant contractor negligently performed the construction work and negligently failed to warn travelers of the construction or light the area...

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