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CONDOMANOLIS v. BOILER REPAIR

44 A.D.2d 366 (1974)

Constantinos Condomanolis, Appellant, v. Boiler Repair Maintenance Co., Inc., et al., Respondents Boiler Repair Maintenance Co., Inc., Third-Party Plaintiff, v. Julreg Hotel Corp., Doing Business as Plymouth Hotel, et al., Third-Party Defendants

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

May 9, 1974.

Attorney(s) appearing for the Case

Jacob Newman (Robert H. Silk of counsel), for appellant.

Raymond J. MacDonnell (Philip Hoffer, Rose L. Hoffer and Peter T. Affatato of counsel), for Boiler Repair Maintenance Co., Inc., respondent.

John J. Ferris for United Burner Service Inc., respondent.

McLaughlin, Fiscella & Gervais (Ellen M. Barrett of counsel), for Sinram-Marnis Oil Company, Inc., respondent.

McGIVERN, P. J., MARKEWICH, CAPOZZOLI and LANE, JJ., concur.

NUNEZ, J.

This personal injury negligence action was dismissed at the close of plaintiff's case. The third-party cross complaints were dismissed as academic. Plaintiff was employed as a handyman or, as sometimes euphemistically described in the record, as a "maintenance engineer" by the Plymouth Hotel. There were two heating units in the hotel basement, each consisting of a boiler and an oil burner and identified...

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