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PERSICHILLI v. TRIBOROUGH B. & T. AUTH.

16 N.Y.2d 136 (1965)

Maria Persichilli, as Administratrix of The Estate of Archangelo Persichilli, Deceased, Respondent-Appellant, v. Triborough Bridge and Tunnel Authority, Appellant-Respondent and Third-Party Plaintiff-Respondent; City of New York, Respondent-Appellant and Third-Party Plaintiff-Appellant, and Lockwood, Kessler, Bartlett, Inc., Respondent and Third-Party Plaintiff-Appellant. Nassau-Mascali Construction Corp., Third-Party Defendant-Respondent-Appellant.

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

Robert J. Bell and Miles F. McDonald, Jr., for appellant-respondent and third-party plaintiff-respondent.

Louis Rothbard, Ralph Stout and Joseph Rothbard for respondent-appellant.

Leo A. Larkin, Corporation Counsel (William F. McNulty of counsel), for respondent-appellant and third-party plaintiff-appellant.

James M. Gilleran and John J. O'Connor for third-party defendant-respondent-appellant.

Joseph M. Callahan, Dale A. Welke and Francis J. Healy for respondent and third-party plaintiff-appellant.

Judges DYE, FULD, VAN VOORHIS, BURKE and BERGAN concur with Judge SCILEPPI; Chief Judge DESMOND dissents and votes to affirm.

SCILEPPI, J.

This is a wrongful death action brought by the widow of Archangelo Persichilli, a laborer employed by Nassau-Mascali Construction Corp. (Nassau-Mascali), who died from asphyxiation during the course of his employment. The facts upon which plaintiff's claim is based are as follows:

In September, 1954 defendant Triborough Bridge and Tunnel Authority (Triborough) entered into a contract with...

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