Kramer v. Chatham Green, Inc.

Judgment, Supreme Court, New York County entered May 25, 1971, after trial to a jury, unanimously reversed, on the law, and the ease remanded for trial anew, with costs and disbursements to abide the event. Plaintiff-respondent, employed by a plumbing contractor, was engaged in connecting pipe in a trench dug and maintained by defendant-appellant, owner of the building under construction. He was injured in an accident in which there was involved a heavy section of sewer pipe. There was evidence from which the jury could have found that an act of plaintiff’s coemployee played a part in the…