Legal Opinion

Gambella v. John A. Johnson & Sons, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 1955PublishedCited by 27 opinions

1Opinion of the CourtMurphy, J.

Plaintiff fell from a defective scaffold furnished by his employer, appellant Andrea La Sala & Sons, Inc., hereinafter referred to as “ La Sala ”. La Sala was a masonry subcontractor of defendant and third-party plaintiff-respondent John A. Johnson & Sons, Inc., hereinafter referred to as “ Johnson ”. Johnson knew that La Sala was using the scaffold. Plaintiff commenced his action for damages against Johnson as “ another not in the same employ ” whose negligence had caused his injury (Workmen’s Compensation Law, § 29, subd. 1). Johnson commenced its third-party action against La Sala,…

2Cases cited28 opinions

  1. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  2. Westchester Lighting Co. v. Westchester County Small Estates Corp.New York Court of Appeals · 1938
  3. Schwartz v. Merola Bros. Construction Corp.New York Court of Appeals · 1943
  4. Broderick v. Cauldwell-Wingate Co.New York Court of Appeals · 1950
  5. Scott v. . CurtisNew York Court of Appeals · 1909

23 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Leonard Wallach v. United StatesCourt of Appeals for the Second Circuit · 1961
  2. Rusin v. Jackson Heights Shopping Center, Inc.New York Court of Appeals · 1970
  3. Employers Mutual Liability Insurance Co. of Wisconsin v. Di Cesare & Monaco Concrete Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1959
  4. Daniel Construction Company v. PierceSupreme Court of Alabama · 1959
  5. Lipka v. United StatesDistrict Court, N.D. New York · 1965

22 more not listed; retrieve them via the Exa API.

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