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KELLY v. DIESEL CONSTR., MORSE, INC.

35 N.Y.2d 1 (1974)

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

Court of Appeals of the State of New York.

Decided July 10, 1974.

Attorney(s) appearing for the Case

Richard Bakalor and Robert E. Quirk for appellant.

Morris Zweibel for Diesel Construction Division of Carl A. Morse, Inc., respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

Chief Judge BREITEL.

In a negligence action, a subcontractor's employee recovered a judgment for $43,000 for personal injuries sustained by him. The general contractor and a negligent hoist company were jointly cast in judgment. On its cross claim the general contractor, Diesel, recovered a judgment for the full amount against the negligent hoist company, White. The hoist company appeals. The principal issue is...

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