Kluttz v. Citron

This action is for damages for personal injuries pursuant to section 240 of the Labor Law. The plaintiff is a painter and decorator with over 40 years’ experience in the trade. The defendant is the owner of a small bungalow-type dwelling house. It needed painting. By oral arrangement the plaintiff undertook to do the job on a cost of materials and time basis. He was to furnish “ a good [quality] white paint ” but otherwise all details in respect to the method, manner and time of doing the work were left to his skill and judgment. He was to use his own brushes and hand tools. However, he had…