
    James M. Mortensen, Respondent, v. Magoba Construction Company, Inc., Appellant, Impleaded with Another.
    
      Negligence ■ — ■ building — general contractor liable for injury to employee of subcontractor injured through giving way of floor installed by another subcontractor.
    
    
      Mortensen v. Magoba Constr. Co., Inc., 222 App. Div. 773, affirmed.
    (Argued May 3, 1928;
    decided May 29, 1928.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1927, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Defendant-appellant was the general contractor erecting a building. Plaintiff was employed by a subcontractor. Another subcontractor had installed concrete flooring on the first floor and its workmen had placed bags of cement on a portion thereof. While plaintiff was walking across this floor it gave way and he was precipitated into the cellar, receiving the injuries complained of.
    
      George J. Stacy and James J. Mahoney for appellant.
    
      Harold R. Medina and Jacquin Frank for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Crane, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Pound, J.  