MUSTACCHIA v. LAFAYETTE NAT'L BANK


26 A.D.2d 558 (1966)

Joseph Mustacchia, Appellant, v. Lafayette National Bank et al., Defendants-Respondents and Third-Party Plaintiffs-Appellants. John B. Kelly, Inc., Third-Party Defendant-Respondent

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

June 13, 1966


Judgment affirmed, insofar as appealed from, with costs payable by plaintiff to defendants, and otherwise, without costs.

During construction of the building, the general contractor excavated a 2-foot wide trench 65 feet long to enable plumbers to lay pipe. The trench was wholly within the building area of the lot as distinguished from a proposed parking area. A bricklaying subcontractor, on Friday, October 23, 1959, voluntarily placed a board across the trench. On...

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