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HAMILL v. FOSTER-LIPKINS CORP.

41 A.D.2d 361 (1973)

James Hamill, Appellant, v. Foster-Lipkins Corporation et al., Respondents

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

April 19, 1973.

Attorney(s) appearing for the Case

Long & Gandler (George H. Barber of counsel), for appellant.

Donohue, Bohl, Clayton & Komar (Myron Komar of counsel), for Foster-Lipkins Corporation, respondent.

Schrade, Morris & Roche (Karl H. Schrade of counsel), for George A. Fuller Co., Inc., respondent.

COOKE, SWEENEY, KANE and MAIN, JJ., concur.

GREENBLOTT, J. P.

This is an appeal from an order of the Supreme Court at Trial Term, entered July 7, 1972 in Albany County, granting a motion by each of the defendants to dismiss the complaint and from the judgment entered thereon.

The plaintiff, an electrician, was working at the site of the Swan Street Building in the South Mall in the City of Albany. On February 21, 1969 he was directed by his employer (not a

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