Muscelli v. Frederick Starr Contracting Co.

Plaintiff’s complaint alleges that he, while employed by a corporation other than defendant and while boarding, by defendant’s invitation, a derrick boat owned by defendant but chartered to plaintiff’s employer, was injured when part of the deck or side of the craft gave way. The part of the boat which collapsed had been, according to the complaint, allowed by defendant to be and remain in an unsafe condition for a long time before the accident. Defendant served its answer, then moved on affidavits for summary judgment dismissing the complaint. The motion was denied. The Appel-. late Division…