AVERY v. ORDER OF ST. BASIL


27 A.D.2d 481 (1967)

Edwin Avery, Respondent, v. Order of St. Basil the Great, Appellant

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

May 31, 1967.


Attorney(s) appearing for the Case

Coughlin, Dermody, Ingalls & Guy (William F. McNulty of counsel), for appellant.

Shaw, Esworthy, O'Brien & Crowley (Maurice P. O'Brien of counsel), for respondent.

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


HERLIHY, J. P.

The issue of negligence concerns the responsibilities of the various parties when bowling alleys are in the process of being resurfaced.

The plaintiff, experienced in such work, was employed by Howard Transue, whose business was to "resurface and refinish and repair bowling alleys" and who entered into an oral contract to work on the alleys of the defendant as he had done for some years. It should be further noted at this point...

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