Mercante v. Hygrade Food Products Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTaylor, J.
The complaint alleges that plaintiff was injured by falling from a scaffold belonging to defendant, while plaintiff and one Downs were painting an outside wall of defendant’s building. The first cause of action is based upon an alleged violation by the defendant of section 240 of the Labor Law (Cons. Laws, chap. 31), in furnishing an unsafe and defective scaffold. The second cause of action rests upon an alleged violation by defendant of its common-law duty to furnish a safe and proper scaffold. Plaintiff disclaimed employment by the defendant, obviously because if he was so employed, this…
2Cases cited6 opinions
- Iacono v. Frank & Frank Contracting Co.New York Court of Appeals · 1932
- Wilder v. Pennsylvania R.R. Co.New York Court of Appeals · 1927
- Sweeney v. Spring Products Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- Long Island Railroad v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Bernhardt v. American Railway Express Co.Appellate Division of the Supreme Court of the State of New York · 1926
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rogow v. United StatesDistrict Court, S.D. New York · 1959
- Kaplan v. 48th Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1943
- Kaufman v. American Youth Hostels, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
- Becker Pretzel Bakeries, Inc. v. Universal Oven CompanyDistrict Court, D. Maryland · 1968
- Sarnoff v. SchadNew York Supreme Court · 1966
4 more not listed; retrieve them via the Exa API.