CARHART v. RELMAR OPERATING CORP.


66 A.D.2d 680 (1978)

Robert L. Carhart, as Acting Executor of Frank Carhart, Deceased, et al., Respondents, v. Relmar Operating Corporation et al., Appellants, et al., Defendant

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

December 12, 1978


On the evidence adduced it was error to charge the applicability of section 255 and subdivision 2 of section 316 of the Labor Law, because there was no competent proof that the building was a "tenant-factory". Those sections of the administrative code relating to hangers for power-operated hoistway doors and hanger stop and guards, the violation of which constitute some evidence of negligence, should not have been charged. Not only was there no evidence that the hoistway...

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