Liebowitz v. Denison Realty Corporation

Plaintiff’s intestate was killed in an accident while operating a freight elevator in the course of his employment in a building owned by the appellant, of which building the decedent’s employer was the sole lessee and occupant.

The evidence warrants the inference that the death was caused by a failure to provide side inclosures on the elevator and make it safe for those using it, as required by Labor Law, section 255, and by administrative rules set up to carry that statute into effect. The appellant owner did not operate a factory in the building. It leased the entire building, with the…