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Hudson v. Brookfield Construction Co.

24 N.Y.2d 811 Court N.Y. Decision date 1969-04-09 English

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p. 811
George D. Hudson, Appellant, v. Brookfield Construction Company, Inc., Respondent.
Argued March 3, 1969;
decided April 9, 1969.
p. 812
George D. Hudson, pro se, for appellant.
Vincent T. Aiello and Frank J. Amabile for respondent.

Concur: Chief Judge Fuld and Judges Soileppi, Bergan and Jasen. Judges Burke, Keating and Bkeitel dissent and vote to reverse in the following memorandum: Plaintiff’s work was not concerned with the use or correction of the hazardous condition which caused the accident. Hence, the rule of the Kowalsky case ( 264 N. Y. 125 ) is not applicable. There was, therefore, an issue of fact to submit to the jury.

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