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KAPPEL v. FISHER BROS., 6TH AVE. CORP.

39 N.Y.2d 1039 (1976)

Robert Kappel, Appellant, v. Fisher Bros., 6th Ave. Corp., et al., Defendants-Respondents and Third-Party Plaintiffs-Appellants. Akron Wrecking Corp., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided July 15, 1976.

Attorney(s) appearing for the Case

Herman Yellon and Andrew D. Polin for appellant.

James B. Reich, Nathan Cyperstein and Julius Gantman for defendants-respondents and third-party plaintiffs-appellants.

Abraham I. Marglin and Herbert Lasky for third-party defendant-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed for the reasons stated by that court in its memorandum. (49 A.D.2d 578.) We add, however, that section 241 of the Labor Law was amended in 1969, nearly two and one-half years after the accident involved in this case and, as a result, it may no longer be necessary to establish, as plaintiff was required and failed to do...

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