Kenny v. A. C. & H. M. Hall Realty Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order of the Municipal Court of the city of New York, borough of Manhattan, third district, setting aside a verdict of a jury in favor of plaintiff and dismissing the complaint on the merits.
1Opinion of the CourtBijur, J.
The only question involved in this appeal is whether, under the circumstances of the case, the owner of a building had such control thereof as to form the basis for his liability for a negligent condition existing in the cellar.
Defendant was the owner and ‘ ‘ general builder ’ ’ of a building in the course of construction. The physical work of construction was being performed by a number of contractors to whom individually defendant had given out the work to be done. Plaintiff, an "employee of one of these contractors, under direction of his foreman, went into the cellar to get some water.…
2Cases cited1 opinion
- Joyce v. Convent Avenue Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by2 opinions
- International Harvester Co. v. SartainCourt of Appeals of Tennessee · 1948
- Shanahan v. Crestonia Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1924