KORYCKA v. HEALY CO.


15 Misc.2d 852 (1958)

Edward L. Korycka, Plaintiff, v. S. A. Healy Company, Defendant and Third-Party Plaintiff. Thomas Adair Contracting Corp., Third-Party Defendant.

Supreme Court, Trial Term, Kings County.

November 3, 1958.


Attorney(s) appearing for the Case

Boudin, Cohn & Glickstein (Barnet S. Blume of counsel), for plaintiff.

Mendes & Mount (John Dorsey of counsel), for defendant and third-party plaintiff.

Hampton & Dietel (Walter Hampton of counsel), for third-party defendant.


BENJAMIN BRENNER, J.

Plaintiff, a driller's helper, employed by the Adair Company, then engaged in tunneling under the East River, was injured by an unscheduled blast set off by misfired dynamite embedded in a covered hole which was accidentally redrilled by a fellow employee. The evidence is briefly as follows:

The defendant had contracted with the City of New York to build a sewer and did, in fact, build all of it except the tunneling operation...

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