Opinion
March 26, 1962
In an action against the owner, which acted as the general contractor in the erection of a one-story building upon its land, to recover damages for personal injuries suffered by plaintiff, an employee of a carpentry subcontractor, while working upon the building, the plaintiff appeals from a judgment of the Supreme Court, Kings County, entered November 17, 1960, upon a jury's verdict after trial, in favor of the defendant. Plaintiff was injured when a wooden plank, stretched across "horses," on which he stood, collapsed by reason of a knot in the plank. The proof showed that, while the defendant had the duty of purchasing the lumber to be used on the construction job in progress, it had made no inspection thereof; that the plaintiff's employer (the carpentry subcontractor) alone had control of the lumber after its delivery to the job site; and that said employer had rejected other defective planks. Judgment affirmed, with costs. No opinion. Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.