PASQUALE v. BABCOCK, INC.


6 A.D.2d 336 (1958)

Pierino Pasquale, Plaintiff, v. Babcock, Hinds & Underwood, Inc., Defendant and Third-Party Plaintiff-Respondent. Pasquale Construction Co., Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

July 31, 1958.


Attorney(s) appearing for the Case

George B. Ingalls and Richard B. Long for defendant and third-party plaintiff-respondent.

Conrad E. Stearns for third-party defendant-appellant.

BERGAN, J. P., COON and HERLIHY, JJ., concur.


GIBSON, J.

A third-party defendant appeals from an order denying its motion to dismiss the third-party complaint.

Plaintiff, an employee of the general contractor for the construction of a building, sues a roofing subcontractor. The complaint alleges that defendant had exclusive control and supervision of the roofing job and negligently placed metal strips weighing 10 tons on one end of the roof, thereby causing it to

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