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CAMPOLI v. ENDICOTT CONSTR. SERVS., INC.

21 A.D.2d 947 (1964)

Vivian R. Campoli, as Administratrix of The Estate of Salvatore J. Campoli, Deceased, Appellant, v. Endicott Construction Services, Inc., et al., Respondents George W. Warnecke, Defendant and Third-Party Plaintiff-Respondent, v. Tunnicliff Construction Company et al., Third-Party Defendants-Respondents. (And Two Other Cross Actions.)

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

July 7, 1964

Per Curiam.

Plaintiff's intestate sustained fatal injuries in the cave-in of an excavation in which he was laying sewer pipe. Summary judgment was properly granted dismissing the complaint as against defendant owner Warnecke and, as necessarily followed, dismissing Warnecke's third-party complaint against his general contractors. The complaint, as limited by the bill of particulars, charged Warnecke with liability for common-law negligence and for violation...

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