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LUSARDI v. REGENCY JOINT VENTURE

35 A.D.2d 264 (1970)

Emil Lusardi et al., Respondents, v. Regency Joint Venture et al., Appellants Patent Scaffolding Co., Division of Harsco Corporation, Third-Party Plaintiff, v. Aluminum Corporation of America, Third-Party Defendant

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

November 24, 1970.

Attorney(s) appearing for the Case

Arthur N. Seiff of counsel (Katz & Gantman, attorneys), for Regency Joint Venture and others, appellants.

John E. Trecartin of counsel (O'Hagan & Reilly, attorneys), for Patent Scaffolding Co., appellant and third-party plaintiff.

Sanford A. Peyser of counsel (DiCostanzo, Klonsky & Cutrona, attorneys), for Frank Mezzina and another, respondents.

Morris Pottish of counsel (Irving L. Spanier, attorney), for Emil Lusardi, respondent.

Herman Schmertz of counsel (Gair, Gair & Conason, attorneys), for Dorothy M. Campbell, respondent.

CAPOZZOLI, J. P., NUNEZ and MACKEN, JJ., concur.

STEUER, J.

On January 10, 1964, a scaffold used in the construction of a building at 231-235 East 63rd Street fell. There were four men on the scaffold and all four were injured, one of them fatally. Three and the testator of the fourth are the plaintiffs in the action. A peculiar facet of this litigation is that each plaintiff was separately represented, and not only were grounds urged on behalf of one which...

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