Brown v. Welsbach Corp.

The accident, involving a fall on a then exposed *1062hole seven inches in diameter and five feet deep, occurred on September 14,1947. Assuming negligence of said defendant in construction of the concrete covering over the foundation, it could not be held liable in the light of the acceptance by the City of New York of the work after its completion on January 23, 1947. (Coleman v. Guidone & Son, Inc., 192 App. Div. 120.) In any event the contract between said defendant and the City of New York, incident to which the work was performed, had expired as of June 30, 1947, and hence defendant had no…