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MODERN SCAFFOLD CO., INC. v. KARELL REALTY CORP.

28 A.D.2d 581 (1967)

Modern Scaffold Co., Inc., Plaintiff, v. Karell Realty Corp. et al., Defendants Karell Realty Corp. et al., Third-Party Plaintiffs-Appellants, v. Public Service Mutual Insurance Company et al., Third-Party Defendants-Respondents

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

May 1, 1967

Reynolds, J.

Plaintiff seeks to recover for scaffolding damaged on May 26, 1964 when a guest house under construction at the third-party plaintiffs' resort was destroyed by fire. The third-party complaints seek to assert liability over against a liability carrier and/or four fire insurance companies for any recovery obtained by the plaintiff. Special Term in dismissing the complaints held that the fire insurance companies could not be held liable on their...

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