Hyperlawhypertext legal database De Crescenzo v. 274-276 Madison Avenue, Inc. 256 N.Y. 630

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De Crescenzo v. 274-276 Madison Avenue, Inc.

256 N.Y. 630 Court N.Y. Decision date 1931-05-12 English

Contents

Majority

p. 630
Angelo De Crescenzo, Respondent, v. 274-276 Madison Avenue, Inc., Defendant, and Thompson-Starrett Company, Appellant.
(Argued April 14, 1931;
decided May 12, 1931.
p. 631
Frederick Hulse for appellant.
Leonard F. Fish and T. J. Gillen for respondent.

Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs in all courts, on the ground that Labor Law, section 2.41, subdivision 5, as it read at the time of the accident, did not apply to hoisting apparatus not “ within a building ” and that no liability at common law was established; no opinion.

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