BERNARDO v. FORDHAM HOISTING CO.


6 A.D.2d 619 (1958)

Anthony Bernardo, Plaintiff, v. Fordham Hoisting Equipment Company et al., Defendants Fordham Hoisting Equipment Company, Inc., Third-Party Plaintiff-Respondent, v. Donato & Gagliano, Inc., Third-Party Defendant-Appellant

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

December 9, 1958.


Attorney(s) appearing for the Case

Sanford Saideman of counsel (Bernard Helfenstein, attorney), for appellant.

William F. McNulty of counsel (Hampton & Dietel, attorney), for respondent.

BOTEIN, P. J., BREITEL, RABIN, VALENTE and McNALLY, JJ., concur.


Per Curiam.

Plaintiff, a construction worker, sues to recover for personal injuries alleged to have been sustained when he attempted to repair a defective materials hoist owned by defendant Fordham Hoisting Equipment Company and controlled by one of its employees. Fordham, in the third-party complaint, seeks recovery over from Donato & Gagliano, Inc., the contractor to whom the hoist was rented, alleging that plaintiff...

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