Appellate Division of the Supreme Court of New York, 1963

Garsh v. Milau Associates

Garsh v. Milau Associates
Appellate Division of the Supreme Court of New York · Decided November 4, 1963
19 A.D.2d 887; 244 N.Y.S.2d 773; 1963 N.Y. App. Div. LEXIS 2999
Garsh v. Milau Associates

Opinion of the Court

In an action to recover damages for personal injury sustained as the result of the fall of a vertical steel column and horizontal girder which plaintiff had been engaged in erecting, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County, entered July *88813, 1962 after a jury trial, as dismissed, at the close of the entire case, the complaint against the defendant Well-Mixed Concrete Co., Inc. Plaintiff has abandoned his appeal from other portions of the judgment. Judgment, insofar as appealed from, affirmed, with costs to the defendant W ell-Mixed Concrete Co., Inc. It was established both by plaintiff and the defendants that in accordance with plans, the anchor bolt — one of 91, which had been supplied by a specialty company to the defendant steel contractor (Stanley Structural Steel Co., Inc.) and delivered to the defendant general contractor (Milau Associates) for insertion by the defendant Well-Mixed corporation in the concrete pier — was of a “u” type as distinguished from a “hook ” or “L” type. Testimony by the plaintiff’s witnesses, who did not know the type of bolt used, that after the accident they saw, apart from the column, a nutted bolt only six inches in length, is insufficient to create an inference that a bolt of inadequate length had been installed. At most, the bolt purportedly seen by the witnesses was a part of the U-bolt, including one of its two projections, which had snapped off with the fall of the column. Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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