Judgment modified, on the law and the facts, (1) by striking out the first decretal paragraph thereof, which awards a recovery to plaintiff against appellant, and (2) by providing, in lieu thereof, that plaintiff's complaint is dismissed, without costs. As so modified, judgment affirmed, without costs.
Appellant was the general contractor engaged to erect a building in Plainview, Nassau County. It employed plaintiff's employer, Belt Construction Corporation, as a...
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