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KELLY v. M. C. ELEC.

68 A.D.2d 657 (1979)

Elizabeth Kelly, Individually and as Administratrix of The Estate of Arthur Kelly, Deceased, Respondent, v. M. C. Electric Co., Inc., Appellant and Third-Party Plaintiff-Appellant, et al., Defendant, and City of New York, Appellant Contractor Sheet Metal Company, Inc., Third-Party Defendant-Respondent; Ronel-Systems, Inc., Third-Party Defendant

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

June 28, 1979

Attorney(s) appearing for the Case

Philip Schlau of counsel (Steven Miller with him on the briefs; Newman & Schlau, P. C., attorneys), for M. C. Electric Co., Inc., appellant.

Bernard Burstein of counsel (L. Kevin Sheridan with him on the briefs; Allen G. Schwartz, Corporation Counsel, attorney), for City of New York, appellant.

Leonard A. Sheft for New Again Construction, Inc., respondent.

William F. Larkin of counsel (Peter Pryor, attorney), for third-party defendant-respondent.

Edwin N. Weidman of counsel (Norman E. Frowley with him on the brief; Fuchsberg & Fuchsberg, attorneys), for Elizabeth Kelly, respondent.

BIRNS, SANDLER, MARKEWICH and SILVERMAN, JJ., concur.

KUPFERMAN, J. P.

In the course of the construction of the Kips Bay Branch Library in 1970, Arthur Kelly, a sheet metal worker, an employee of Contractor Sheet Metal Company, Inc. (Contractor), was electrocuted while holding a hand electric power drill.

The City of New York was the owner of and general contractor for the project and had entered into several prime contracts, including one with defendant...

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