Meyer Rosenberg, an Infant, by Freda Rosenberg, His Guardian Ad Litem, Appellant v. Louis Schwartz, Respondent…

Summary

The New York Court of Appeals reversed the Appellate Division's dismissal of a negligence action brought by a twelve‑year‑old boy injured by a brick that fell from an unguarded scaffold. The court held that the plaintiff had presented sufficient evidence of a prima facie case, that the defendant general contractor owed a duty to guard the scaffold under the Building Code, that the plaintiff was not a trespasser, and that the general contractor could be liable for the subcontractor's negligent scaffold construction. A new trial was ordered.