Appellate Division of the Supreme Court of the State of New York June 4, 1962 (Vivian v. J. W. Enterprises, Inc.)

In an action to recover damages for the conscious pain and suffering of the plaintiff’s decedent and for his wrongful death, alleged to have been caused by the failure to plank over or otherwise cover a 30 by 40-foot opening or elevator shaftway in a building in the course of reconstruction, as required by sections 241 and 241-a of the Labor Law (the decedent having fallen through such unguarded