TUTHILL v. BENJAMIN


19 A.D.2d 753 (1963)

Leone M. Tuthill, Respondent, v. Stanley R. Benjamin, Appellant, et al., Defendants Stanley R. Benjamin, Third-Party Plaintiff, v. Long Beach Hospital, Third-Party Defendant

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

July 8, 1963


Amended judgment, insofar as appealed from, reversed on the law and the facts; new trial granted as between plaintiff and said defendant Benjamin, with costs to abide the event; and action severed as against all other parties.

Defendant Benjamin, and others, were engaged by the Long Beach Hospital in connection with the construction of additions to an existing building. A large sign, warning of the construction, was built by defendant's employee and placed in a corridor...

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