Legal Opinion

Kelly v. Diesel Construction Division of Carl A. Morse, Inc.

New York Court of Appeals

Decided July 10, 1974PublishedCited by 157 opinions

1Opinion of the Court

Chief Judge Breitel.

In a negligence action, a subcontractor’s employee recovered a judgment for $43,000 for personal injuries sustained by him. The general contractor and a negligent hoist company were jointly cast in judgment. On its cross claim the general contractor, Diesel, recovered a judgment for the full amount against the negligent hoist company, White. The hoist company appeals. The principal issue is whether a *4general contractor held liable to an injured subcontractor’s employee under sections 240 and 241 of the Labor Law is entitled to indemnification or contribution from a hoist…

2Cases cited3 opinions

  1. Semanchuck v. Fifth Avenue & 37th Street Corp.New York Court of Appeals · 1943
  2. Walters v. Rao Electrical Equipment Co.New York Court of Appeals · 1942
  3. Rufo v. OrlandoNew York Court of Appeals · 1955

3Cited by157 opinions

  1. Riviello v. WaldronNew York Court of Appeals · 1979
  2. Doyle v. RhodesIllinois Supreme Court · 1984
  3. McCarthy v. Turner Construction, Inc.New York Court of Appeals · 2011
  4. Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990
  5. Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985

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