MURRAY v. PELINO


280 A.D. 1017 (1952)

Michael J. Murray, Respondent, v. Nestore Pelino, Appellant Michael J. Murray, Respondent, v. Nestore Pelino, Defendant and Third-Party Plaintiff-Appellant. James D. Murray, Third-Party Defendant-Respondent

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

November 17, 1952.


The third-party defendant entered into a written contract with the defendant and third-party plaintiff wherein he agreed to construct a house for the defendant and third-party plaintiff for a specified sum. The contract included the work here involved and allegedly performed by plaintiff. Plaintiff had previously been employed upon the same job by the third-party defendant. He alleges, however, that on May 7, 1951, he was hired independently by the defendant and third-party...

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