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BELLEFEUILLE v. CITY SAV. BK.

49 A.D.2d 323 (1975)

John Bellefeuille, Appellant, v. City and County Savings Bank, Defendant and Third-Party Plaintiff-Respondent. O'Connell & Aronowitz et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant

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

November 13, 1975

Attorney(s) appearing for the Case

Joseph P. Huberty (John J. Cavanaugh, Jr., of counsel), for appellant.

Carter, Conboy, Bardwell & Case (James S. Carter of counsel), for defendant and third-party plaintiff-respondent.

Ainsworth, Sullivan, Tracy & Knauf (John E. Knauf of counsel), for O'Connell & Aronowitz, third-party defendant-respondent.

E. Stewart Jones (Arthur L. Rosen of counsel), for Martin Business Furniture, Inc., third-party defendant-respondent.

GREENBLOTT, J. P., MAIN and REYNOLDS, JJ., concur with LARKIN, J.; KANE, J., dissents and votes to reverse in an opinion.

LARKIN, J.

Plaintiff sustained personal injuries when, in the course of his employment as a window washer, he fell from an office window in defendant's building. Plaintiff stood on a radiator cover which was so constructed as to cover the inside sill and form a new inside sill of the window. Upon a part of the cover, which had a formica-like surface, the plaintiff placed a cloth. This was done at his employer...

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