Delaney v. Philhern Realty Holding Corp.
New York Court of Appeals
1Opinion of the CourtFinch, J.
This is an action for damages arising out ol personal injuries due to the alleged fault of the subcontractor and contractor.
The questions presented are the correctness of the charge of the court, whether the defendant subcontractor fairly-apprised the court that the charge was improper, and whether the general contractor, as distinguished from the subcontractor, may avail himself of the exception by the subcontractor and participate in the new trial.
The facts sufficiently set forth to show how the questions arise are as follows:
The defendant Shapiro, a general contractor for the construction…
2Cases cited8 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Muller v. . McKessonNew York Court of Appeals · 1878
- Clifford v. . DamNew York Court of Appeals · 1880
- Congreve v. . SmithNew York Court of Appeals · 1858
- Rosenberg v. SchwartzNew York Court of Appeals · 1932
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3Cited by44 opinions
- The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
- Barry v. ManglassNew York Court of Appeals · 1981
- Martin T. Kosmynka and Christine Kosmynka v. Polaris Industries, Inc., Docket No. 05-3958-CvCourt of Appeals for the Second Circuit · 2006
- Schwartz v. Merola Bros. Construction Corp.New York Court of Appeals · 1943
- Beckwith v. Town of StratfordSupreme Court of Connecticut · 1942
39 more not listed; retrieve them via the Exa API.