Cunningham v. Mark Rafalsky & Co.

Deceased was employed by the Metropolitan Life Insurance Company as an elevator operator in a multiple dwelling owned by it. The employer carried workmen’s compensation insurance, and benefits thereunder are now being paid to plaintiff. In the course of his employment deceased was injured and died after falling down a passenger elevator shaft-way because of the alleged affirmative negligence of one James J. Clark, who was superintendent of the building. Plaintiff’s claim is that Clark (who allegedly was employed by defendant Mark Rafalsky and Company) had made defective repairs to the…