CONSOL. INS. CO. v. DIGIOVANNA & SONS


7 Misc.2d 203 (1957)

Consolidated Mutual Insurance Company, Plaintiff, v. Lawrence Di Giovanna & Sons et al., Defendants. Bova & Mondi, Defendant and Third-Party Plaintiff, v. Punia & Marx, Inc., Third-Party Defendant.

Supreme Court, Special Term, Kings County.

January 29, 1957.


Attorney(s) appearing for the Case

E. Edan Spencer for defendant and third-party plaintiff.

Bernard Helfenstein for plaintiff and third-party defendant.

No appearance for Lawrence Di Giovanna & Sons, defendant.


JAMES S. BROWN, J.

Motion to dismiss the third-party complaint for legal insufficiency. Plaintiff insurance company, as statutory assignee under the provisions of sections 13 and 29 of the Workmen's Compensation Law, instituted an action against Lawrence Di Giovanna & Sons, foundation subcontractors, and Bova & Mondi, excavation subcontractors, to recover indemnity and medical payments made by it to one...

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