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GRANT v. ROCHESTER GAS & ELEC.

20 A.D.2d 48 (1963)

Charles A. Grant, as Administrator of The Estate of Charles A. Granata, Jr., Deceased, Respondent, v. Rochester Gas and Electric Corporation, Appellant and Third-Party Plaintiff; A. Friederich & Sons Co., Third-Party Defendant-Appellant

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

December 12, 1963.

Attorney(s) appearing for the Case

Joseph M. Soviero (Harris, Beach, Keating, Wilcox, Dale & Linowitz of counsel), for third-party defendant-appellant.

Nixon, Hargrave, Devans & Dey (Casper V. Baltensperger of counsel), for third-party plaintiff and appellant.

Albert Averbach for respondent.

WILLIAMS, P. J., BASTOW and GOLDMAN, JJ., concur.

McCLUSKY, J.

The defendant Rochester Gas and Electric Corporation (hereinafter called "R. G. & E.") appeals from the denial of its motions to dismiss the complaint at the close of the evidence and for a directed verdict. The action is for damages for the injury and death of a workman as the result of a fall from a scaffold during construction of a building owned by R. G. & E.

The evidence disclosed...

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