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ANGELO v. SPIDER STAGING SALES CO.

35 A.D.2d 906 (1970)

Carmen Angelo et al., Plaintiffs, v. Spider Staging Sales Company, Respondent, and New York Thruway Authority, Appellant

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

November 5, 1970

Order affirmed, with costs.

All concur, except Marsh, J., who dissents and votes to modify the order, in the following memorandum:

The order insofar as it directs the Thruway Authority to permit inspection, testing and photographing of the damaged Spider Staging scaffolding equipment on the Authority's property is clearly directed to a State agency and is not authorized under CPLR 3120 (subd. [b]). (See Matter of Butironi v. Putnam County Civil...

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