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NARDONE v. FIERBERG CO.

40 A.D.2d 60 (1972)

Marino Nardone, Respondent, and Louis De Sanctis, Individually and Doing Business as Acme Plastering Company, Proposed Intervenor-Appellant, v. Morris A. Fierberg Company, Defendant

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

November 21, 1972.

Attorney(s) appearing for the Case

Donohue, Bohl, Clayton & Komar (Myron Komar of counsel), for proposed intervenor-appellant.

Martin Brickman for respondent.

DeGraff, Foy, Conway & Holt-Harris for defendant.

GREENBLOTT, SWEENEY, SIMONS and REYNOLDS, JJ., concur.

STALEY, JR., J. P.

This is an appeal from an order of the Supreme Court at Special Term, entered January 28, 1972 in Albany County, which denied the proposed intervenor's application for intervention pursuant to CPLR 1012 and 1013.

On March 10, 1970 respondent Marino Nardone, a resident of the State of New York, was injured while working at a construction site in the State of Connecticut. At the time,...

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