Appellate Division of the Supreme Court of New York, 1976

Shramko v. Hills Wrecking Corp.

Shramko v. Hills Wrecking Corp.
Appellate Division of the Supreme Court of New York · Decided April 1, 1976
52 A.D.2d 523; 381 N.Y.S.2d 676; 1976 N.Y. App. Div. LEXIS 12050
Shramko v. Hills Wrecking Corp.

Opinion of the Court

Judgment, Supreme Court, New York County, entered June 30, 1975, unanimously reversed, on the law, and the case remanded for trial anew, with $60 costs and disbursements of this appeal to abide the event. Plaintiff-respondent was a building inspector who was injured in premises said to have been under demolition. Whether that work had actually been commenced was a factual issue, the determination of which would have been a factor in attaching liability to defendant-appellant. There was also a question as to whether defendant’s employee was negligent in bringing plaintiff into the structure. These questions never went to the jury, the court having cut the trial short on a showing of some industrial code violations allegedly committed by defendant, and directing a verdict for plaintiff on liability. This was error. (See Conte v Large Scale Development Corp., 10 NY2d 20.) A new trial is therefore required. Plaintiff-appellant wife filed a notice of appeal from dismissal of her derivative cause, but this was the last mention made of that appeal; it was neither briefed, argued, nor otherwise pursued. It is deemed abandoned. Concur—Markewich, J. P., Kupferman, Lupiano, Capozzoli and Nunez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.