Cohen v. Josam Construction Corp.

This is an appeal from a judgment entered October 21, 1960, upon a directed verdict, dismissing the complaint at the conclusion of the case.

The facts are sufficiently stated in the dissenting opinion to obviate the necessity of extended repetition. The plaintiff, an employee of the painting subcontractor for the job, is here suing the brick subcontractor for injuries suffered when he fell from a bricklayer’s scaffold while painting two small peaks on the building.

Plaintiff, a painter, testified he was directed by his employer to use the scaffold for work which would have required…