Appellate Division of the Supreme Court of the State of New York February 19, 1940 (Mercante v. Hygrade Food Products Corp.)

Taylor, J.

The complaint alleges that plaintiff was injured by falling from a scaffold belonging to defendant, while plaintiff and one Downs were painting an outside wall of defendant’s building. The first cause of action is based upon an alleged violation by the defendant of section 240 of the Labor Law (Cons. Laws, chap. 31), in furnishing an unsafe and defective scaffold.