Legal Opinion

Emery v. Depot Construction Co.

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

Decided June 12, 1980PublishedCited by 2 opinions

1Opinion of the Court

*103OPINION OF THE COURT

Sweeney, J.

Plaintiff was injured when he fell through a stairwell opening at a construction site. He brought an action against appellant, Depot Construction Company (Depot), the general contractor, and others. Third-party actions were brought against Roy Barnaby, Inc., respondent, a subcontractor, which was the employer of plaintiff. The jury returned a verdict in favor of plaintiff against Depot only, and also a verdict of no cause of action in favor of the third-party defendants. This appeal ensued.

The sole question presented on this appeal is whether Depot is entitled…

2Cases cited2 opinions

  1. Levine v. Shell Oil Co.New York Court of Appeals · 1971
  2. Margolin v. New York Life InsuranceNew York Court of Appeals · 1973

3Cited by2 opinions

  1. Archie Shepp v. Werner X. Uehlinger Personally and D/B/A Hat Hut Records, and Third Party v. Max Roach, Third PartyCourt of Appeals for the First Circuit · 1985
  2. Emery v. Depot Construction Co.New York Court of Appeals · 1981

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