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VANEK v. FIFTH AVE. MGMT. ASSOCS.

75 A.D.2d 559 (1980)

Stephen Vanek, Respondent, v. Fifth Avenue Management Associates, Appellant and Third-Party Plaintiff-Respondent. A. Best Contracting Co., Third-Party Defendant-Appellant

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

April 24, 1980

Plaintiff-respondent shall recover of appellants one bill of $75 costs and disbursements of this appeal.

Birns, J. P., and Bloom, J., dissent in part in a memorandum by Bloom, J., as follows:

We are all in agreement that absolute liability was imposed under section 240 of the Labor Law upon all "contractors and owners and their agents" to furnish scaffolds which shall be so constructed, placed and operated as to give...

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