Myers v. Cornell University

Appeal from an order of the Supreme Court at Special Term, entered April 1, 1974 in Chemung County, which granted a motion by defendant, Cornell University, for summary judgment dismissing the complaint, and from the judgment entered thereon. On November 18, 1971 the plaintiff’s intestate was employed by a general contractor (third-party defendant) engaged in the construction of a new building on premises owned by •the defendant Cornell University. In the course of the construction, a retaining wall was partially removed and a trench along that area was dug. The plaintiff’s intestate on the…