Lester v. Graham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ella M. Lester, as administratrix, etc., from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 21st day of July, 1911, setting aside a verdict for §4,000 and granting a new trial in a statutory action under section 1902 et seq. of the Code of Civil Procedure to recover for the death of plaintiff’s intestate.
1Opinion of the Court
Clarke, J.:
The defendant was a sub-contractor for the erection of a five-story brick house on the southeasterly comer of Port Washington avenue and One Hundred and Seventy-seventh street. The decedent, John Lester, was a bricklayer and an independent contractor under the defendant Graham, to do the front brick work on the job for §565. There was another independent contractor by the name of Bain to do the stone work on the *652building. He had no relation with Graham, whose contract related to brick work. Under the understanding between Lester and Graham, Graham, who was to lay the red brick, was…
2Cases cited3 opinions
- Huston v. DobsonAppellate Division of the Supreme Court of the State of New York · 1910
- Quigley v. ThatcherAppellate Division of the Supreme Court of the State of New York · 1911
- Boyle v. Robinson Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by6 opinions
- Cole v. Long Island Lighting Co.New York Supreme Court · 1959
- Nasca v. St. Mary's Roman Catholic Church SocietyAppellate Division of the Supreme Court of the State of New York · 1936
- Nasca v. St. Mary's Roman Catholic Church SocietyAppellate Division of the Supreme Court of the State of New York · 1936
- Kluttz v. CitronAppellate Division of the Supreme Court of the State of New York · 1956
- Koenig v. Patrick Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1945
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