ELLITHORP v. ADAMS-RICE CONSTR. CORP.


281 A.D. 917 (1953)

Virginia G. Ellithorp, as Administratrix of The Estate of Frank Ellithorp, Deceased, Plaintiff, v. Adams-Rice Construction Corporation, Appellant, et al., Defendants Adams-Rice Construction Corporation, Defendant and Third-Party Plaintiff-Appellant, v. Eugene Gratton, Third-Party Defendant-Respondent

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

March 11, 1953.


Defendant board of education entered into a contract with Adams-Rice Construction Corporation for the erection of a school building at Gloversville, New York. The latter corporation sublet the painting work to respondent Gratton. Plaintiff's intestate, an employee of Gratton, is said to have fallen from a scaffold, death resulting from the injuries then received. Plaintiff has sued the board of education and appellant corporation. The broad allegations of negligence in the...

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