Koenig v. Patrick Construction Corp.
New York Court of Appeals
I. The trial court erred in refusing to charge that the plaintiff’s contributory negligence was not a defense where violation of a statute was concerned. (Karpeles v. Heine, 227 N. T. 74; Ur go v. Coles & Co., 226 App. Div. 610; Smith v. Variety Iron Steel Works Co., 147 App. Div. 242, 208 N. Y. 543; Stern v. Great Island Corp., 250 App. Div. 115; Pollard v. Trivia Bldg. Corp., 291 N. Y. 19; Weber v. State of New York, 53 N. Y. S. 2d 598.) II.
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I. The trial court erred in refusing to charge that the plaintiff’s contributory negligence was not a defense where violation of a statute was concerned. (Karpeles v. Heine, 227 N. T. 74; Ur go v. Coles & Co., 226 App. Div. 610; Smith v. Variety Iron Steel Works Co., 147 App. Div. 242, 208 N. Y. 543; Stern v. Great Island Corp., 250 App. Div. 115; Pollard v. Trivia Bldg. Corp., 291 N. Y. 19; Weber v. State of New York, 53 N. Y. S. 2d 598.) II. The trial court’s error in charging that the contributory negligence of the plaintiff, even in the slightest degree, must result in a verdict for the…
1Opinion of the CourtFuld, J.
We are called upon to determine whether, in an action for damages brought by an injured worker on the strength of section 240 of the Labor Law, a defendant may assert the worker’s contributory negligence as a defense.
Plaintiff, a window cleaner, had been hired as an independent contractor hy defendant to do the work necessary on the windows of a school which defendant was engaged in constructing. On the day of the accident, February 7,1941, plaintiff was atop a ladder, some 16 or 17 feet above the floor, scraping and removing paint from one of the large windows in the auditorium. While…
2Cases cited15 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Quigley v. . ThatcherNew York Court of Appeals · 1912
- Teller v. Prospect Heights HospitalNew York Court of Appeals · 1939
- Karpeles v. . HeineNew York Court of Appeals · 1919
- Pollard v. Trivia Building Corp.New York Court of Appeals · 1943
10 more not listed; retrieve them via the Exa API.
3Cited by196 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Narducci v. Manhasset Bay AssociatesNew York Court of Appeals · 2001
191 more not listed; retrieve them via the Exa API.