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CHANEY v. N. Y. C. TRANSIT AUT

12 A.D.2d 61 (1960)

Esther Chaney, as Administratrix of The Estate of Walter Chaney, Deceased, Respondent, v. New York City Transit Authority, Defendant-Appellant and Third-Party Plaintiff-Respondent George Campbell et al., Individually and as Partners Doing Business under the Name of George Campbell & Co., Third-Party Defendants-Appellants Kostas Godulas, Respondent, v. New York City Transit Authority, Defendant-Appellant and Third-Party Plaintiff-Respondent George Campbell et al., Individually and as Partners Doing Business under the Name of George Campbell & Co., Third-Party Defendants-Appellants

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

December 13, 1960.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Rudser & Fitzmaurice, attorneys), for third-party defendants-appellants.

Benjamin H. Siff of counsel (William D. Van Pelt, attorney), for Esther Chaney, respondent.

Edward W. Summers (Helen R. Cassidy with him on the brief; Daniel T. Scannell, attorney), for New York City Transit Authority, appellant and third-party plaintiff-respondent.

Joseph H. Sand of counsel (Herbert Burstein with him on the brief; Zelby & Burstein, attorneys), for Kostas Godulas, respondent.

BOTEIN, P. J., VALENTE, McNALLY and STEVENS, JJ., concur.

BREITEL, J.

One painter sustained serious injuries and the other died when a passenger in a subway station brushed or was pushed against the scaffolding on which the two were working. The painters were employed by an independent contractor which, under contract with the New York City Transit Authority, was engaged in painting the 181st Street station on the Independent Eighth Avenue subway line. The surviving...

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