EMPLOYERS MUT. LIAB. INS. CO. OF WISCONSIN v. FAIRCHILD PRESS, INC.


279 A.D. 895 (1952)

Employers Mutual Liability Insurance Company of Wisconsin, Plaintiff, v. Fairchild Press, Inc., et al., Defendants, and Steel Construction Company, Defendant and Third-Party Plaintiff-Appellant. A. J. McNulty & Co., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 18, 1952.


Order granting third-party defendant-respondent's motion to dismiss the third-party complaint herein unanimously reversed, with $20 costs and disbursements, and the motion denied.

We do not construe the complaint to exclude common-law negligence or to be confined solely to alleging violations of section 241 of the Labor Law. The question whether a valid cross claim exists should await trial.

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