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

Upon reargument, 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, is claimed by plaintiff to have represented defendant in negotiating the contract and in carrying oh the work. If this claim be correct Mahoney 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…