Legal Opinion

Overton v. Gerard

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

Decided November 9, 1956Published

1Opinion of the CourtCoon, J.

This action was originally brought against Adam J. Gerard and Ella C. Gerard to recover damages for the death of Lester Overton. Ella C. Gerard has since died and her executor has been substituted as defendant. The complaint alleges, in substance, that Overton, plaintiff’s intestate, agreed to paint a house owned or controlled by the defendants, on an hourly basis, and that while so engaged Overton fell ‘ ‘ from the roof and ladder ” and suffered injuries resulting in his death. It is alleged that decedent’s death was caused by the negligent failure *412of defendants to provide the decedent a…

2Cases cited6 opinions

  1. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  2. Iacono v. Frank & Frank Contracting Co.New York Court of Appeals · 1932
  3. Komar v. Dun & Bradstreet Co.Appellate Division of the Supreme Court of the State of New York · 1954
  4. Sweeney v. Spring Products Corp.Appellate Division of the Supreme Court of the State of New York · 1939
  5. Sweeney v. Spring Prod., Schulte Real Est. Co.New York Court of Appeals · 1940

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