BEAUMONT v. WARNER & SWASEY CO.


36 A.D.2d 894 (1971)

Daniel Beaumont, Plaintiff, v. Warner & Swasey Co. et al., Defendants Warner & Swasey Co., Third-Party Plaintiff-Respondent, v. Amadori Construction Co., Inc., Third-Party Defendant-Appellant, and Alvin Rhodes, Third-Party Defendant

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

April 8, 1971


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

Memorandum:

Plaintiff, an employee of third-party defendant Amadori Construction Co., Inc. (Amadori) and a coemployee of third-party defendant Alvin Rhodes, was injured on the job when a crawler type backhoe owned by Amadori and operated by Rhodes ran into and upon him. Plaintiff brought action against Warner & Swasey Co. (Warner) and Dow & Company (Dow), alleging...

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