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OLSOMMER v. WALKER & SONS

4 A.D.2d 424 (1957)

Walter Olsommer, Respondent, v. George W. Walker & Sons, Inc., Defendant and Third-Party Plaintiff-Appellant. Martin Fireproofing Co., Inc., Third-Party Defendant-Respondent

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

September 11, 1957.

Attorney(s) appearing for the Case

Roy P. Ohlin for defendant and third-party plaintiff-appellant.

Thomas P. McMahon for third-party defendant-respondent.

Donald G. Walls for respondent.

All concur, except BASTOW and GOLDMAN, JJ., who dissent and vote for affirmance in an opinion by GOLDMAN, J., in which BASTOW, J., concurs. Present — McCURN, P. J., KIMBALL, WILLIAMS, BASTOW and GOLDMAN, JJ.

WILLIAMS, J.

This is an appeal from a judgment in favor of the plaintiff in an action to recover for personal injuries sustained in the course of construction of an office building. The defendant, George W. Walker & Sons, Inc., was the general contractor, and the third-party defendant Martin Fireproofing Co., Inc., of which plaintiff was an employee, was the subcontractor for the roofing work. The complaint...

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