Kayser v. 150 East 52nd Street, Inc. — 247 N.Y. 561

Majority

p. 561

Helen Kayser, as Administratrix of the Estate of Carl Kayser, Deceased, Respondent, v. 150 East 52nd Street, Inc., et al., Appellants, Impleaded with Others.

Headnote

Negligence — building — elevators — death of employee on building from falling down hoistway.

Kayser v. ISO East Blind St., Inc., 220 App. Div. 749 , affirmed.

(Argued January 17, 1928;

decided February 14, 1928.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial

p. 562

department, entered May 14, 1927, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendants. Intestate, an employee of a plumbing contractor, while at work in a building in the course of construction fell into an unguarded hoistway and was killed.

Fred H. Rees, Walter G. Evans, William G. Walsh and Alfred W. Andrews for 150 East 52nd Street, Inc., appellant.

Everett W. Bovard and Norman G. Hewitt for George Colon & Co., appellant.

Jerome Steiner and Anna M. Kross for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.