Legal Opinion

Butler v. D. M. W. Contracting Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 21, 1955PublishedCited by 9 opinions

1Opinion of the Court

While the general contractor in the construction of a building owes to the employees of a subcontractor a common-law duty of exercising reasonable care to make safe the places of work provided by him, and the ways and approaches to such places (cf. Iacono v. Frank & Frank Contr. Co., 259 N. Y. 377), the scaffold from which plaintiff fell was neither a place of work provided by the general contractor nor a way of approach to such place. Upon the evidence here presented, the scaffold did not constitute a place of work within the purview of section 200 of the Labor Law. Judgment unanimously…

2Cases cited1 opinion

  1. Iacono v. Frank & Frank Contracting Co.New York Court of Appeals · 1932

3Cited by9 opinions

  1. Cole v. Long Island Lighting Co.New York Supreme Court · 1959
  2. De Luca v. Fehlhaber Corp.Civil Court of the City of New York · 1963
  3. Ehrlich v. C. B. S. Columbia, Inc.New York Supreme Court · 1959
  4. Olsommer v. George W. Walker & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
  5. Enea v. Kuhn, Smith & Harris, Inc.Appellate Division of the Supreme Court of the State of New York · 1972

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