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CONSALVO v. GROSSO

35 A.D.2d 791 (1970)

Pasquale J. Consalvo, Appellant, v. Charles J. Grosso et al., Individually and as Copartners Doing Business under the Name of Imperial Elevator Company, Respondents, et al., Defendants Charles J. Grosso et al., Individually and as Copartners Doing Business under the Name of Imperial Elevator Company, Third-Party Plaintiffs, v. Blitman Construction Corp., Third-Party Defendant

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

November 10, 1970

In this jury action for personal injuries, the complaint was dismissed at the close of the proof. A question of fact was presented by the testimony on which the jury might have found plaintiff's coworker gave a new two by four wood plank to Imperial's foreman who was in the shaft at the sixth floor at the time; while plaintiff was working in the shaft, Imperial's foreman "yelled below" to plaintiff and his coworker thus indicating...

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