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ZUCCHELLI v. CITY CONSTR. CO.

4 N.Y.2d 52 (1958)

Gaudenzio Zucchelli et al., Plaintiffs, v. City Construction Co., Inc., et al., Defendants. City Construction Co., Inc., et al., Third-Party Plaintiffs-Appellants, v. R. E. Carrick Company, Incorporated, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1958.

Attorney(s) appearing for the Case

Harold M. Harkavy, James B. McLaughlin, Frederick M. Garfield and Robert A. Dwyer for appellants.

John Nielsen and John P. Smith for respondent.

Judges DYE, FULD, VAN VOORHIS and BURKE concur with Judge DESMOND; Judge FROESSEL dissents in an opinion in which Chief Judge CONWAY concurs.

DESMOND, J.

One of the floors of a building under construction collapsed and injured the 13 plaintiffs who were employees of third-party defendant R. E. Carrick Company, the cement and concrete work subcontractor on the job. The injured workmen sued 981 Madison Avenue Corp., owner and general contractor, and City Construction Co., which was the owner's agent engaged not to do any of the construction work but to...

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