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CONTE v. LARGE SCALE DEV. CORP.

10 N.Y.2d 20 (1961)

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

Court of Appeals of the State of New York.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Lazarus I. Levine and Solomon Boneparth for appellant.

William F. McNulty for respondents and third-party plaintiffs-appellants.

B. Leo Schwarz and Ely Estroff for third-party defendant-respondent.

Chief Judge DESMOND and Judges FROESSEL, BURKE and FOSTER concur with Judge FULD; Judges DYE and VAN VOORHIS dissent and vote to affirm for the reasons stated in the unanimous opinion in the Appellate Division.

FULD, J.

The plaintiff, employed by Mazzella Contractors, Inc., the subcontractor for excavation work upon an apartment house in the Bronx, was severely injured in the course of his employment. He brought this action against the owner of the property and the general contractor and, following a trial, had a jury verdict for $250,000 against them. Those defendants impleaded the plaintiff's employer, but their third...

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