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SCAVONE v. STATE UNIV. CONSTR. FUND

46 A.D.2d 895 (1974)

Vincent J. Scavone et al., Respondents, v. State University Construction Fund et al., Respondents, and Kenelman Eden, Jr., Doing Business as Kenscott Construction Co., Defendant and Third-Party Plaintiff-Appellant. James McCullagh, Inc., Third-Party Defendant-Appellant

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

December 9, 1974

Interlocutory judgment affirmed, with one bill of costs jointly to respondents appearing separately and filing a separate brief against appellants jointly.

Plaintiff Vincent J. Scavone was injured when a trench on the construction site of the Health Science Center at Stony Brook partially collapsed. The trench had been dug by defendant Eden by use of the backhoe which he owned. The third-party defendant, McCullagh, was the plumbing subcontractor for which the trench...

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