ZUCCELLI v. CITY CONSTR. CO., INC.


286 A.D. 842 (1955)

Gaudenzio Zuccelli et al., Plaintiffs, v. City Construction Co., Inc., et al., Defendants City Construction Co., Inc., et al., Third-Party Plaintiffs-Respondents, v. R. E. Carrick Company, Incorporated, Third-Party Defendant-Appellant

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

June 28, 1955.


The third-party plaintiffs conceded liability under section 200 of the Labor Law. There is no dispute as to the fact that such concession is not binding on the third-party defendant. If, in fact, and in law there was no such liability on the part of the third-party plaintiffs, then there is no basis for the judgment over against the third-party defendant. (Williams v. Rhode Island Corp., 281 App. Div. 618, 621.) We find that the place where the plaintiffs worked and...

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