Joyce v. Rumsey Realty Corp.

Chief Judge Desmond.

At the end of the trial there was, between plaintiff and defendant Bumsey, no unresolved issue as to liability and so a verdict was properly directed for plaintiff against Bumsey, leaving to the jury the fixation of the damages. Bumsey had unquestionably violated the unequivocal command of subdivision 1 of former section 241 of the Labor Law that the contractor must complete the flooring as the building progresses. Plaintiff was moving planks on the fourth floor. The first, second and third levels had not been floored over as required by the statute and plaintiff, standing…