Attorney(s) appearing for the Case
Martin Brickman for appellant.
Ainsworth, Sullivan, Tracy & Knauf (Frank J. Warner, Jr., of counsel), for defendant and third-party plaintiff-respondent.
GREENBLOTT, J. P., SWEENEY and KANE, JJ., concur with CASEY, J.; STALEY, JR., J., dissents and votes to affirm in a separate opinion.
Appellate Division of the Supreme Court of the State of New York, Third Department.
The principal issue raised by the appeal is whether contributory negligence is a defense to a violation of subdivision 6 of section 241 of the Labor Law, as amended in 1969. The question arises in the following context.
On February 3, 1975, between 7:20 A.M. and 7:45 A.M. the plaintiff, a cement finisher employed by the third-party defendant, sustained personal injuries when he fell over an...
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