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DAVIS v. CARISTO CONSTR. CORP.

13 A.D.2d 382 (1961)

Margaret Davis, as Administratrix of The Estate of Thomas Davis, Deceased, Respondent, v. Caristo Construction Corp., Appellant-Respondent. Board of Education of the City of New York, Appellant, and John Greene, Respondent Caristo Construction Corp., Third-Party Plaintiff-Appellant, v. Artistic Bronze Tablet Co., Inc., Third-Party Defendant-Respondent. (Action No. 1.) Kenneth Tormey et al., Respondents, v. John Greene, Defendant, and Caristo Construction Corp., Appellant John Greene, Third-Party Plaintiff, and Caristo Construction Corp., Third-Party Plaintiff-Appellant, v. Artistic Bronze Tablet Co., Inc., Third-Party Defendant-Respondent, and John Greene, Third-Party Defendant. (Action No. 2.)

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

June 13, 1961.

Attorney(s) appearing for the Case

Lillian E. Cuff of counsel (Hobart R. Marvin, Francis J. Healy with her on the brief; Hanlon & Daw, attorneys), for Caristo Construction Corp., appellant-respondent.

Joseph A. Doran of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel), for Board of Education of the City of New York, appellant.

Charles Kramer of counsel (Benjamin H. Siff with him on the brief; Kramer & Dillof, attorneys), for Margaret Davis, respondent.

Frank Marcus for John Greene, respondent, in Action No. 1.

Maxwell J. Eile of counsel (Paul P. Meltzer, attorney), for respondents in Action No. 2.

Harold Klein of counsel (Harry Schechter, Raymond C. Green with him on the brief; Charles G. Tierney, attorney), for Artistic Bronze Tablet Co. Inc., third-party defendant-respondent.

BREITEL and BASTOW, JJ., concur with BOTEIN, P. J.; EAGER, J., dissents in opinion, in which McNALLY, J., concurs.

BOTEIN, P. J.

Plaintiff's intestate, Thomas Davis, was killed, and plaintiffs George Henry and Kenneth Tormey were injured when a scaffold on which they were working during the construction of a school building broke. Plaintiff Robert Henry, who was assisting in the work, was also injured. All four were employed by Artistic Bronze Tablet Co., Inc. (Artistic), a subcontractor of defendant Caristo Construction...

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