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KELLY v. DIESEL CONSTR. DIV. OF CARL A. MORSE, INC.

42 A.D.2d 891 (1973)

Harold J. Kelly, Respondent, v. Diesel Construction Division of Carl A. Morse, Inc., Appellant-Respondent; White Personnel-Material Hoist Co., Inc., Appellant, and Chesebro-Whitman Co., Division of Patent Scaffolding Co. — Harsco Corp. et al., Respondents

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

September 20, 1973

Plaintiff-respondent shall recover of appellants one bill of $60 costs and disbursements of this appeal.

Nunez, J. P., and Kupferman, J., dissent in part in the following memorandum by Kupferman, J.:

Plaintiff, employed by a subcontractor in the construction of an office building, was injured when a hoist, which he was riding down to leave the building, fell some 20 stories to the bottom of the shaft. Among the defendants are the general contractor, Diesel...

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