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CLINTON v. 132 EAST 35TH ST. CORP.

36 A.D.2d 917 (1971)

John Clinton, Plaintiff, v. 132 East 35th Street Corp. et al., Defendants Par Plumbing and Heating Corp., Third-Party Plaintiff-Respondent, v. Eureka Construction Concrete Equipment Co., Third-Party Defendant-Appellant, and Donald Zucker Co., Inc., Third-Party Defendant

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

May 11, 1971

Appellant shall recover of respondent $50 costs and disbursements of this appeal. This action was originally brought by the plaintiff against 132 East 35th Street Corp. and the third-party plaintiff. A reading of plaintiff's complaint reveals that it alleges active participating negligence on the part of both defendants. The complaint alleges that both defendants failed to perform the work in a safe, proper and competent manner; failed to provide plaintiff with a safe place...

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