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OSTAPENKO v. FULLER CO.

27 Misc.2d 93 (1960)

Cosmo Ostapenko, Plaintiff, v. George A. Fuller Company, Defendant and Third-Party Plaintiff. Rizzi, Inc., Third-Party Defendant and Fourth-Party Plaintiff, v. American Bridge Division, United States Steel Corp., Fourth-Party Defendant.

Supreme Court, Special Term, New York County.

December 14, 1960

Attorney(s) appearing for the Case

Zale & Talisman for plaintiff. William S. O'Connor for defendant and third-party plaintiff. Lawless & Lynch (John J. Klaum of counsel), for third-party defendant and fourth-party plaintiff. Willkie Farr Gallagher Walton & Fitzgibbon (Mark F. Hughes, Vincent R. Fitzpatrick and Louis A. Craco of counsel), for fourth-party defendant.

MATTHEW M. LEVY, J.

A building was in process of being erected in New York City. Fuller was the general contractor. Rizzi was the concrete subcontractor. An agreement of indemnity bound Rizzi to Fuller, in the event that Fuller should be found liable for injuries occurring on the premises as a result of Rizzi's performance on the job. Ostapenko was employed by Rizzi. While working, Ostapenko was injured by a...

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