Di Suvero v. Gem Window Cleaning Co.

Judgment appealed from unanimously reversed on the law and the facts, with $50 costs to the defendant-appellant, and the complaint dismissed. Plaintiff’s- cross-appeal as to defendant Howard C. Forbes, Inc., is dismissed. Plaintiff, an occasional employee of one Sehulemowitz, who operated under the name of Durabuild Construction Co. (Durabuild) was assisting his employer in the delivery of a long board to an upper floor of premises 120 West 57th Street on March 26, 1960, when an accident occurred in which plaintiff sustained serious and severe injuries while riding on top of the elevator.…