VICENTY v. DAVIS


43 A.D.2d 534 (1973)

Salvadore Vicenty, Respondent, v. Nat Davis, Individually and Doing Business as Union Square Deli-Store, Defendant-Appellant, and Third-Party Plaintiff-Appellant. Daca-Brinn, Inc., Third-Party Defendant-Appellant

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

November 15, 1973


Plaintiff-respondent shall recover of appellants one bill of $60 costs and disbursements. Plaintiff-respondent, employee of third-party-defendant-appellant contractor, was injured when he fell from the top of a freezer availed of as a scaffold during alteration work being done in defendant-appellant's store. The court gave judgment over, on the third-party claim, of half the jury's verdict against defendant. The case was sent to the jury under subdivision 1 of section 240...

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