MULTARI v. GLALIN ARMS CORP.


28 A.D.2d 122 (1967)

Rosa Multari et al., as Administratrices of The Estate of Francisco Multari, Deceased, Plaintiffs, v. Glalin Arms Corp., Defendant and Third-Party Plaintiff-Appellant-Respondent; M. Krugman Construction Corp., Third-Party Defendant-Respondent-Appellant

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

July 10, 1967.


Attorney(s) appearing for the Case

Bachkoff, Miller & Steger (William F. Larkin of counsel), for third-party plaintiff-appellant-respondent.

E. Edan Spencer (Walter Feller of counsel), for third-party defendant-respondent-appellant.

CHRIST, Acting P. J., HOPKINS and MUNDER, JJ., concur with BRENNAN, J.; BENJAMIN, J., dissents in separate opinion.


BRENNAN, J.

The principal questions presented on these appeals arise out of the failure of the third-party defendant to answer the third-party complaint or to appear upon the trial of the action.

Plaintiffs' intestate, an employee of the third-party defendant, M. Krugman Construction Corp. (hereinafter referred to as Krugman), was killed as the result of falling through a hole in the floor of a building...

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