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TOBIN v. AM. SUR. CO. OF N. Y.

32 Misc.2d 687 (1962)

Katherine Tobin, as Administratrix of The Estate of Richard Tobin, Deceased, Plaintiff, v. American Surety Company of New York et al., Defendants. Hegeman-Harris Company, Inc., Defendant and Third-Party Plaintiff, v. B. A. Lybeck, Inc., Third-Party Defendant.

Supreme Court, Trial Term, Bronx County.

January 31, 1962

Attorney(s) appearing for the Case

O'Dwyer & Bernstein (Frank Durkan of counsel), for plaintiff. Michels, Gangel & Walton (John Michels of counsel), for American Surety Company of New York, defendant. Hampton & Mahoney (Walter Hampton of counsel), for Otis Elevator Co., defendant. Galli, Terhune, Gibbons & Mulvehill (Raymond J. Scully of counsel), for Hegeman-Harris Co., defendant and third-party plaintiff. Anthony J. De Cicco and David T. Walsh for McKeown Plastering, defendant. Rudser & Fitzmaurice (James O. Hogarty of counsel), for B. A. Lybeck, Inc., third-party defendant.

NATHANIEL T. HELMAN, J.

This action was brought against the defendants for failure to provide adequate protection to the deceased as required by the Labor Law and the Rules of the Board of Standards and Appeals as promulgated in its Bulletin No. 23. Deceased fell down an elevator shaft while in the process of removing some boards within the shaft. Although four defendants were originally named, complaints as...

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