Legal Opinion · Dissent

Brady v. Claremont Iron Works, Inc.

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

Decided January 10, 1919Published

Appeal by the defendant, Claremont Iron Works, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of June, 1918, upon the verdict of a jury for $1,000, later reduced by consent to $500, and also from an order entered in said clerk’s office on the 4th day of June, 1918, denying defendant’s motion for a new trial made upon the minutes.

1Dissent

Smith, J. (dissenting):

The defendant had a contract with a corporation known as the 105 West Fifty-fifth Street Building Corporation for the *848installation of ornamental iron work in the construction of a building at that location. This contract included, among other work, the installing of steel work with the inside stairways exclusive of the marble treads. As the building progressed these staircases were put from one story to another and these stairways were used by the other contractors and their employees in going up and down through the building. An employee of another contractor doing…

2Cases cited5 opinions

  1. Devlin v. . SmithNew York Court of Appeals · 1882
  2. Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
  3. Ryan v. IronsAppellate Division of the Supreme Court of the State of New York · 1906
  4. McMullen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
  5. Galbally v. StraussAppellate Division of the Supreme Court of the State of New York · 1913

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