AGNELLI v. SILVERMAN ROOFING CO.


29 Misc.2d 565 (1961)

John Agnelli, Plaintiff, v. L. Silverman Roofing & Sheet Metal Co., Inc., Defendant and Third-Party Plaintiff. Mallad Realty Corp., Third-Party Defendant.

Supreme Court, Special Term, Queens County.

May 4, 1961


Attorney(s) appearing for the Case

Hampton & Dietel (Walter J. McMahon of counsel), for third-party defendant. Winnie & Matis for plaintiff. Bernard Helfenstein and Joel Bernstein for defendant and third-party plaintiff.


HAROLD TESSLER, J.

The third-party defendant moves to dismiss the third-party complaint upon the ground that it does not state facts sufficient to make out a case of liability over.

The action is to recover damages for personal injuries allegedly sustained by the plaintiff, an employee of the third-party defendant, which entered into a contract with the defendant third-party plaintiff to repair the roof...

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