Legal Opinion · Dissent

Passaretti v. Cerra

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1925Published

1DissentKelly, P. J.

It is provided in the Labor Law, section 240, that scaffolding used in the erection of a building shall be “ constructed, placed and operated as to give proper protection ” to laborers using such scaffolding. The board, eight inches wide, placed across the stairway well on the third floor was a scaffold within the meaning of the statute. (Ross v. D., L. & W. R. R. Co., 231 N. Y. 335; Caddy v. Interborough B. T. Co., 195 id. 415; Convey v. Finn, 130 App. Div. 440.) It crossed from one side of the building to the other; there was no other way of getting from one side of the building to the…

2Cases cited2 opinions

  1. Ross v. . D., L. W.R.R. Co.New York Court of Appeals · 1921
  2. Convey v. FinnAppellate Division of the Supreme Court of the State of New York · 1909

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