CONTE v. LARGE SCALE DEV. CORP.


10 A.D.2d 255 (1960)

Severino Conte, Respondent, v. Large Scale Development Corporation et al., Defendants-Appellants and Third-Party Plaintiffs-Appellants. Mazzella Contractors, Inc., Third-Party Defendant-Respondent

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

April 12, 1960.


Attorney(s) appearing for the Case

William F. McNulty of counsel (Hampton & Dietel, attorneys for Large Scale Development Corporation; Michael A. Hayes, attorney for Woodlawn Veterans Mutual Housing Co., Inc.), for appellants.

B. Leo Schwarz of counsel (Ely Estroff with him on the brief; Lawless & Lynch, attorneys), for third-party defendant-respondent.

Solomon Boneparth of counsel (Tropp & Steinbock, attorneys), for respondent.

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


BERGAN, J.

Plaintiff has had a recovery of $250,000 for personal injuries against the general contractor and the owner of premises in a building construction operation in which plaintiff was employed by an excavation subcontractor. A tractor-type earth moving machine which plaintiff was operating fell into a pier hole in the floor of the excavation causing his injuries.

The plaintiff contends that an...

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