From Casetext: Smarter Legal Research

Mendes v. Caristo Constr. Corp.

Court of Appeals of the State of New York
Apr 9, 1959
6 N.Y.2d 729 (N.Y. 1959)

Summary

In Mendes v. Caristo Constr. Corp. (6 N.Y.2d 729, supra), the subcontractor found that it needed a sling to raise a heavy metal door buck; having none itself, the subcontractor went to the general contractor's superintendent, just as Harold Svendsen went to Tyler in the instant case, and asked to use theirs.

Summary of this case from Duda v. John W. Rouse Construction Corp.

Opinion

Argued March 9, 1959

Decided April 9, 1959

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS A. AURELIO, J.

Bernard Meyerson and Paul P. Meltzer for appellant.

Joseph P. Feury and Willaim J. Kenney for Caristo Construction Corp., respondent and third-party plaintiff-appellant.

Raymond C. Green, Harry Schechter, Milton L. Freedman and Charles G. Tierney for third-party defendant-respondent.


Judgment affirmed, without costs; no opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.


Summaries of

Mendes v. Caristo Constr. Corp.

Court of Appeals of the State of New York
Apr 9, 1959
6 N.Y.2d 729 (N.Y. 1959)

In Mendes v. Caristo Constr. Corp. (6 N.Y.2d 729, supra), the subcontractor found that it needed a sling to raise a heavy metal door buck; having none itself, the subcontractor went to the general contractor's superintendent, just as Harold Svendsen went to Tyler in the instant case, and asked to use theirs.

Summary of this case from Duda v. John W. Rouse Construction Corp.
Case details for

Mendes v. Caristo Constr. Corp.

Case Details

Full title:GEORGE MENDES, Appellant, v. CARISTO CONSTRUCTION CORP., Respondent, et…

Court:Court of Appeals of the State of New York

Date published: Apr 9, 1959

Citations

6 N.Y.2d 729 (N.Y. 1959)
185 N.Y.S.2d 814
158 N.E.2d 507

Citing Cases

Duda v. John W. Rouse Construction Corp.

And, just as clearly, he was not "directed" by it. "Directing", we have said, means just that; for one person…

Smith v. Hooker Chemicals

Subdivision 1 of section 240 Lab. of the Labor Law provides: "All contractors and owners and their agents * *…