BERNARDO v. FORDHAM HOISTING EQUIP. CO.


12 Misc.2d 161 (1957)

Anthony Bernardo, Plaintiff, v. Fordham Hoisting Equipment Company et al., Defendants. Fordham Hoisting Equipment Company, Inc., Third-Party Plaintiff, v. Donato & Gagliano, Inc., Third-Party Defendant.

Supreme Court, Special Term, Bronx County.

December 18, 1957.


Attorney(s) appearing for the Case

Bernard Helfenstein for third-party defendant.

Herbert Kass for plaintiff.

Hampton & Dietel for third-party plaintiff.


MORRIS E. SPECTOR, J.

Motion to dismiss the third-party complaint for insufficiency.

Plaintiff sues the defendants Fordham Hoisting and Equipment Company, Inc., and Albert Smith for personal injuries caused by the negligence of the defendants. The complaint alleges that the defendant "Fordham" leased, in a defective and dangerous condition, a hoist to Donato & Gagliano, Inc.; that "Fordham" employed...

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