TULLY v. ROOSEVELT PROPS., INC.


34 A.D.2d 786 (1970)

Robert Tully, Respondent, v. Roosevelt Properties, Inc., Defendant, and Joseph Bisceglia & Sons, Inc., Defendant and Third-Party Plaintiff-Appellant. South Shore Brick Masons, Inc., Third-Party Defendant-Respondent

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

May 4, 1970


Judgment affirmed insofar as appealed from, with one bill of costs to respondents jointly.

Appellant was the general contractor engaged to construct a department store in Westbury, Long Island. Plaintiff was in the employ of the third-party defendant, a subcontractor engaged by appellant to assist it in the project. Plaintiff testified that on the morning of December 4, 1962, the date of the accident in which he was injured, he was directed by appellant's superintendent...

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