Warnecke v. New York City Housing Authority

Hofstadter, J. P.

(dissenting). I dissent.

My colleagues hold that a wide-open concrete floor on the eighth story of a building under construction was as a matter of law, not dangerous to plaintiff — a workman required to walk back and forth on the floor, stacking angle irons — despite the fact that imbedded at intervals throughout the concrete there were temporary metal sleeves two and one-half inches in diameter and protruding three or four inches from the floor (to permit pipes eventually to pass through the floor). My brethren also find plaintiff — 56 years old at the time of the accident —…