DERICO v. SARUBBI, INC.


19 Misc.2d 647 (1959)

John Derico, Plaintiff, v. Pancrazio A. Sarubbi, Inc., Defendant.

Supreme Court, Special Term, Nassau County.

May 18, 1959.


Attorney(s) appearing for the Case

Emile Z. Berman and A. Harold Frost for plaintiff.

Alexander, Ash & Schwartz for defendant.


MARIO PITTONI, J.

Motion to strike the answer pursuant to section 299 of the Civil Practice Act, or in the alternative for other relief under sections 289 and 296 of the Civil Practice Act.

The action is for personal injuries allegedly sustained by the plaintiff while working on a school construction project in Yonkers, New York. The defendant was the prime contractor and the plaintiff, an employee of the subcontractor. A scaffold on which the...

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