Garlichs v. Empire State Building Corp.

Froessel, J. (dissenting).

This is an action to recover damages for personal injuries. Plaintiff was employed as a window cleaner by the Terminal Window Cleaning Company, which had a contract to clean the windows of the Empire State Building, owned, operated and controlled by Empire State Building Corp. (hereinafter called defendant). He had been working as a window cleaner for approximately 20 years, and in the Empire State Building for approximately 6 to 8 years.

Plaintiff worked under the general direction of the assistant custodian of the building, Corbett, who was an employee of defendant,…