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5 A.D.2d 419

Schweitzer v. Forbes Fireproofing Corp.

Appellate Division of the Supreme Court of the State of New York · decided 1958-04-10

Relies on Ryan v. Feeney & Sheehan Building Co. · Hooey v. Airport Construction Co. · Hardie v. Charles P. Boland Co.

Decided 1958-04-10

BoteiN, P. J.

¶1(concurring). I agree that tbe failure to provide barricades was not tbe proximate cause of tbe accident, and since this omission was tbe only negligence sought to be attributed to defendant, tbe complaint was properly dismissed. However, I cannot agree that defendant was under no duty to provide barricades, if, as could be inferred by tbe jury on tbe evidence in this case, defendant bad reasonable ground to believe that tbe general contractor would not supply tbe requisite barricades (Hooey v. Airport Constr. Co., 253 N. Y. 486, 490; Ryan v. Feeney & Sheehan Bldg Co., 239 N. Y. 43; Hardie v. Boland Co., 205 N. Y. 336).

Bkeitel and McNally, JJ., concur with ValeNte, J.; Botein, P. J., concurs in opinion, in which Fraetk, J., concurs.

¶2Judgment unanimously affirmed, with costs to tbe respondent.

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