Gambella v. John A. Johnson & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
- Westchester Lighting Co. v. Westchester County Small Estates Corp.New York Court of Appeals · 1938
- Schwartz v. Merola Bros. Construction Corp.New York Court of Appeals · 1943
- Broderick v. Cauldwell-Wingate Co.New York Court of Appeals · 1950
- Scott v. . CurtisNew York Court of Appeals · 1909
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3Cited by27 opinions
- Leonard Wallach v. United StatesCourt of Appeals for the Second Circuit · 1961
- Rusin v. Jackson Heights Shopping Center, Inc.New York Court of Appeals · 1970
- 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
- Daniel Construction Company v. PierceSupreme Court of Alabama · 1959
- Lipka v. United StatesDistrict Court, N.D. New York · 1965
22 more not listed; retrieve them via the Exa API.