LEE v. TANDY & ALLEN CONSTR.


14 Misc.2d 348 (1958)

Francis J. Lee, Plaintiff, v. Tandy & Allen Construction Co., Defendant and Third-Party Plaintiff. F. H. Sparks Co., Inc., Third-Party Defendant.

Supreme Court, Special Term, Ontario County.

November 4, 1958.


Attorney(s) appearing for the Case

Coyle & Marks (Raymond F. Allen of counsel), for third-party defendant.

Brown, Zurett, Sullivan, Smith & Gough (William V. Gough of counsel), for defendant and third-party plaintiff.


G. ROBERT WITMER, J.

This is a motion by a subcontractor, third-party defendant, to dismiss the third-party complaint of the general contractor, the defendant third-party plaintiff, who has been sued in negligence by an employee of the subcontractor.

In the original complaint plaintiff alleges that while he was engaged in working for the subcontractor on the third floor of a building, the general contractor, defendant, "requested and instructed...

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