[Download] "Robert Kappel v. Fisher Bros." by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Robert Kappel v. Fisher Bros.
- Author : Court of Appeals of New York
- Release Date : January 15, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
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[39 N.Y.2d 1039 Page 1040] Memorandum. The order of the Appellate Division should be affirmed for the reasons stated by that court in its memorandum. (49 A.D.2d 578.) We add, however, that section 241 of the Labor Law was amended in 1969, nearly two and one-half years after the accident involved in this case and, as a result, it may no longer be necessary to establish, as plaintiff was required and failed to do here, that the building owner and general contractor actively controlled, directed or supervised the work. We also note that Kelly v Diesel Constr. Div. of Carl A. Morse, Inc. (35 N.Y.2d 1), relied upon by the dissenting Justices at the Appellate Division, is distinguishable upon the ground that, in that case, the general contractor furnished, maintained and operated the defective instrumentality that caused the accident. More importantly, although Kelly abrogated the old rule that an owner or general contractor liable under the Labor Law could not recover against a negligent subcontractor, even if the subcontractor was solely responsible for the accident, Kelly did not alter the law respecting the first instance liability of the owner or general contractor. As [39 N.Y.2d 1039 Page 1041]