New York Court of Appeals, 1931

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

De Crescenzo v. 274-276 Madison Avenue, Inc.
New York Court of Appeals · Decided May 12, 1931
177 N.E. 169; 256 N.Y. 630; 1931 N.Y. LEXIS 1220 (North Eastern Reporter)
De Crescenzo v. 274-276 Madison Avenue, Inc.

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Opinion of the Court

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.

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