DESO v. ALBANY LADDER CO.


26 A.D.2d 182 (1966)

Donald Deso, Appellant, v. Albany Ladder Company, Inc., Respondent Donald Deso, Respondent, v. Foster-Newman Contracting Co., Inc., Defendant-Appellant and Third-Party Plaintiff-Respondent. Tonan Construction Corp., Third-Party Defendant-Appellant

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

July 12, 1966.


Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris (John T. DeGraff, Jr., of counsel), for third-party defendant-appellant.

Ainsworth, Sullivan, Tracy & Knauf (John E. Knauf of counsel), for defendant-appellant and third-party plaintiff-respondent.

Connolly, Mirch & Murphy (J. Joseph Murphy of counsel), for appellant and respondent.

Hesson, Ford & Grogan (Daniel A. Whalen of counsel), for respondent.

REYNOLDS, TAYLOR, AULISI and STALEY, JR., JJ., concur.


HERLIHY, J. P.

The defendant Foster-Newman Contracting Co., Inc. (hereinafter referred to as Foster) appeals from a judgment against it as does the third-party defendant, Tonan Construction Corp. (hereinafter referred to as Tonan), which also appeals from an order granting judgment over against it.

The plaintiff appeals from so much of the judgment as held that there was "no cause of action" against the...

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