Hudson v. Brookfield Construction Co. , 24 N.Y.2d 811 ( 1969 )

Concur: Chief Judge Fuld and Judges Soileppi, Bergan and Jasen. Judges Burke, Keating and Bkeitel dissent and vote to reverse in the following memorandum: Plaintiff’s work was not concerned with the use or correction of the hazardous condition which caused the accident. Hence, the rule of the Kowalsky case (264 N. Y. 125) is not applicable. There was, therefore, an issue of fact to submit to the jury.