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MYERS v. CORNELL UNIV.

46 A.D.2d 839 (1974)

Richard W. Myers, as Administrator of The Estate of Jay B. Myers, Deceased, Appellant, v. Cornell University, Defendant and Third-Party Plaintiff-Respondent. A. Frederick & Sons, Co., Inc., Third-Party Defendant-Respondent

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

November 27, 1974

On November 18, 1971 the plaintiff's intestate was employed by a general contractor (third-party defendant) engaged in the construction of a new building on premises owned by the defendant Cornell University. In the course of the construction, a retaining wall was partially removed and a trench along that area was dug. The plaintiff's intestate on the aforesaid day was working in the trench when an earthen embankment collapsed and caused his death. Among other things, the...

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