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GLASS v. GENS-JARBOE, INC.

280 A.D. 378 (1952)

August Glass, Respondent, v. Gens-Jarboe, Inc., Appellant, et al., Defendants Gens-Jarboe, Inc., Third-Party Plaintiff-Respondent, v. Barker Bros. Painting Corp., Third-Party Defendant-Appellant

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

June 18, 1952.

Attorney(s) appearing for the Case

Hobart R. Marvin of counsel (Lillian E. Cuff and James I. Cuff with him on the brief; Richard A. Koehler, attorney), for third-party defendant-appellant.

Joseph Kane of counsel (Fred H. Rees with him on the brief; Evans, Rees, Orr & Walsh, attorneys), for appellant and third-party plaintiff-respondent.

Moe Levine of counsel (Bernard Meyerson with him on the brief; William W. Heiberger, attorney), for respondent.

VAN VOORHIS and BERGAN, JJ., concur; COHN, J., dissents and votes to affirm.

PECK, P. J.

Plaintiff, who was employed by a painting subcontractor, brought this action against the general contractor for personal injuries sustained while doing painting in a building under construction by defendant. The accident resulted from the collapse of a scaffold which plaintiff and a coemployee had rigged up. The cause of the accident was a defective plank ...

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