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ALLEN v. CLOUTIER CONSTR.

44 N.Y.2d 290 (1978)

Beverly J. Allen, Individually and as Administratrix of The Estate of Edward P. Allen, Jr., Deceased, Respondent, v. Cloutier Construction Corp. et al., Appellants, and J. Ellrott Excavating Contractor, Inc., Respondent. Richard W. Myers, as Administrator of The Estate of Jay B. Myers, Deceased, Respondent, v. Cornell University, Defendant-Appellant and Third-Party Plaintiff-Respondent. A. Friederich & Sons Co., Inc., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided May 2, 1978.

Attorney(s) appearing for the Case

Raymond C. Green, Peter M. Pryor and Andrew F. Capoccia for Cloutier Construction Corp., appellant in the first above-entitled action.

Dale M. Thuillez and Thomas A. Ford for Philip J. Sgarlata and another, appellants in the first above-entitled action.

Daniel R. Santola, Morris J. Bloomberg and Philip G. Jupiter for Beverly J. Allen, respondent in the first above-entitled action.

David F. Kunz for J. Ellrott Excavating Contractor, Inc., respondent in the first above-entitled action.

Robert H. Reeder for defendant-appellant and third-party plaintiff-respondent in the second above-entitled action.

M. Bates Davidson for respondent in the second above-entitled action.

Manley H. Thaler for third-party appellant-defendant in the second above-entitled action.

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

COOKE, J.

Both of these appeals arise out of construction site accidents involving workmen killed as a result of the collapse of excavation trenches. Actions were commenced against the respective owners upon whose property the accidents occurred, notwithstanding that the actual work was at all times performed and directed by others. The issue presented in each case is whether an owner or general contractor may...

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