Gabbamonte v. 16-20 West 19th Street, Inc.

This is an action by an employee of a contractor against the owner of a building to recover for personal injuries sustained when he fell through the escape hatch on top of a freight elevator when he was walking or standing thereon for purpose of replacing the shoes and gibs on the elevator. The case was submitted to the jury under a charge which authorized a finding by the jury of negligence on the part of the defendant because of a violation of the provisions of section 200 of the Labor Law, a violation of section 240 of the Labor Law, or a violation of common-law duties. The trial court…