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COUGHLIN v. NALLITT CO.

41 A.D.2d 33 (1973)

Thomas Coughlin, Respondent, v. Sanford Nallitt Co., Ltd., et al., Appellants, and Congaree Iron & Steel Co., Inc., Respondent

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

February 22, 1973.

Attorney(s) appearing for the Case

James M. Leonard of counsel (McHugh, Heckman, Smith & Leonard, attorneys), for Delco Steel Fabricators, Inc., appellant.

Walter G. Evans of counsel (William F. Laffan, Jr., with him on the brief; Evans, Orr, Pacelli, Norton & Laffan, attorneys), for Sanford Nallitt Co., Inc., appellant.

Jacob D. Fuchsberg of counsel (Otis Mark Waters with him on the brief; Timen & Waters, attorneys), for Thomas Coughlin, respondent.

Thomas R. Newman of counsel (Benjamin H. Siff and John J. Bower with him on the brief; Bower & Gardner, attorneys), for Congaree Iron & Steel Co., Inc., respondent.

McGIVERN, J. P., MARKEWICH, NUNEZ, LANE and STEUER, JJ., concur.

Per Curiam.

Defendant Sanford Nallitt Co., Ltd. (Sanford) was the owner and general contractor of a shopping center being built in Dutchess County. Delco Steel Fabricators, Inc. (Delco) had a subcontract for the steel erection. Congaree Iron & Steel Co., Inc. (Congaree) had a subcontract for fashioning the steel to be used. Sucich was the mason contractor and plaintiff was a laborer in his employ. A few days prior...

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