PETRIE v. SPINELLA


36 A.D.2d 889 (1971)

Elva Petrie, Preliminary Executrix of Hollis R. Petrie, Deceased, Plaintiff, v. Joseph B. Spinella et al., Doing Business as Spinella Brothers, Defendants Lonelle Bissette, Plaintiff, v. Joseph B. Spinella et al., Doing Business as Spinella Brothers, Defendants and Third-Party Plaintiffs-Respondents. Harty-Parry Corporation, Third-Party Defendant-Appellant

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

April 1, 1971


Order unanimously reversed, with costs, motion granted and third-party complaint dismissed.

Memorandum:

Actions grounded in negligence have been brought by an employee and the representative of a deceased employee of a general contractor against subcontractors who were performing the excavation work at a school site. The general contractor was engaged in the construction of a school building where, because of the collapse of an excavation on the job site,...

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