Day v. Fifth Avenue & Forty-third Street Building Corp.

This action was brought to recover damages for the death of plaintiff’s testator from injuries sustained while a workman engaged in the construction of defendant’s building. Defendant makes an application under subdivision 2 of section 193 of the Civil Practice Act, to bring in as parties defendants to this action two of the contractors engaged in the erection of the building. From the order denying that application; defendant appeals.

The complaint alleges in substance that the deceased fell in the shaftway because of negligence in leaving the shaftway and hoistings in an unguarded and unsafe…