O'LEARY v. RAYMOND LeCHASE, INC.


125 A.D.2d 991 (1986)

James J. O'Leary, Respondent-Appellant, v. Raymond Lechase, Inc., Appellant-Respondent. (And a Third-Party Action.) (Appeal No. 1.)

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

December 19, 1986


Judgment unanimously reversed, on the law, without costs, and new trial granted.

Memorandum:

Under the circumstances of this case, we deem a new trial to be necessary. In this action by plaintiff worker arising from a construction site accident, the court failed to instruct the jurors concerning the nondelegable duty imposed upon a general contractor pursuant to Labor Law § 241 (6). As the general contractor...

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