Nasca v. St. Mary's Roman Catholic Church Society

Judgment reversed on the law and new trial granted, with costs to the appellant to abide the event. Per Curiam Memorandum: Mahoney, defendant’s janitor, represented defendant in negotiating the contract and in carrying on the work. He was an interested witness and under the well-established rule his credibility was subject to the scrutiny of the jury. Respondent’s contention that section 240 of the Labor Law applies to a relationship, of employer and employee but not to that of owner and independent contractor is not sound. (Lester v. Graham, 157 App. Div. 651.) So whether decedent was an…