MATUSZAK v. CITY OF NEW YORK


8 A.D.2d 976 (1959)

Aloysius J. Matuszak, Respondent, v. City of New York, Appellant, and Gerosa Crane Service Co., Respondent, et al., Defendant City of New York, Third-Party Plaintiff-Appellant, v. Sterling Foundations, Inc., Third-Party Defendant-Respondent

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

July 28, 1959


Judgment insofar as appealed from reversed, and a new trial granted as between plaintiff-respondent and defendant-appellant and the third-party plaintiff-appellant and the third-party defendant-respondent, with costs to abide the event.

The plaintiff-respondent was an employee of Sterling, the general contractor on a construction project for the installation of a pumping room in the subway system formerly operated by appellant. Plaintiff-respondent claimed that appellant...

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