Dimare v. George F. Driscoll Co.

Judgment reversed on the law, with costs, and complaint dismissed, with costs, on the grounds: (1) The place from which plaintiff fell was not a place of work which the general contractor was bound to keep safe from the defects of which complaint is here made; it was under the control of plaintiff’s employer. (See general rule stated by Mr. Justice Davis in Wohlfron v. Brooklyn Edison Co., Inc., 238 App. Div. 463; affd., 263 N. Y. 547.) (2) It was not a place of work provided by defendant, appellant. (Iacono v. Frank & Frank Contracting Co., 259 N. Y. 377.) (3) To charge defendant, appellant,…