neutral
Cited (no substantive treatment)
published
0.2 score
Cited for
No citing cases on record.
Retrieving the full opinion text from the archive…
Angelo De Crescenzo, Respondent,
v.
274-276 Madison Avenue, Inc., Defendant, and Thompson-Starrett Company, Appellant
v.
274-276 Madison Avenue, Inc., Defendant, and Thompson-Starrett Company, Appellant
New York Court of Appeals.
May 12, 1931.
Published opinion
Frederick Hulse for appellant.
Leonard F. Fish and T.J. Gillen for respondent.
Cited by 1 opinion | Published
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.