OVERTON v. GERARD


2 A.D.2d 410 (1956)

Louise L. Overton, as Administratrix of The Estate of Lester Overton, Deceased, Appellant, v. Adam J. Gerard, Individually and as Executor of Ella C. Gerard, Deceased, Respondent

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

November 9, 1956.


Attorney(s) appearing for the Case

Henderson G. Riggs for appellant.

A. William de Filippo and Thomas J. Flynn for respondent.

FOSTER, P. J., BERGAN, HALPERN and GIBSON, JJ., concur.


COON, J.

This action was originally brought against Adam J. Gerard and Ella C. Gerard to recover damages for the death of Lester Overton. Ella C. Gerard has since died and her executor has been substituted as defendant. The complaint alleges, in substance, that Overton, plaintiff's intestate, agreed to paint a house owned or controlled by the defendants, on an hourly basis, and that while so engaged Overton fell...

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