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ALLMAN v. SIEGFRIED CONSTR.

49 A.D.2d 357 (1975)

John C. Allman, Respondent, v. Siegfried Construction Co., Inc., et al., Appellants. (Appeal No. 1.) John C. Allman, Plaintiff, v. Siegfried Construction Co., Inc., Appellant, and Niagara Wrecking & Lumber Co., Respondent. (Appeal No. 2.) Niagara Wrecking & Lumber Co., Inc., Appellant, v. Herbert F. Darling et al., Doing Business as Herbert F. Darling Engineering Contractors, Respondents. (Appeal No. 3.) Siegfried Construction Co., Inc., Appellant, v. Herbert F. Darling et al., Doing Business as Herbert F. Darling Engineering Contractors, Respondents. (Appeal No. 4.) Siegfried Construction Co., Inc., Appellant, v. Herbert F. Darling et al., Doing Business as Herbert F. Darling Engineering Contractors, Respondents. (Appeal No. 5.)

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

November 6, 1975

Attorney(s) appearing for the Case

Weaver, Maghran & McCarthy (W. Donn McCarthy of counsel), for Siegfried Constr. Co., Inc., appellant.

Saperston, Wiltse, Day & Wilson (Warren S. Radler of counsel), for Niagara Wrecking & Lumber Co., Inc., appellant.

Paul William Beltz, P. C., for John C. Allman, respondent.

Ohlin, Damon, Morey, Sawyer & Moot (James McAskill of counsel), for Herbert F. Darling and another, respondents.

Brownstein, Canale, Madden & Burke (John Canale of counsel), for Herbert F. Darling and another, respondents.

MARSH, P. J., MOULE, CARDAMONE and WITMER, JJ., concur.

DEL VECCHIO, J.

Plaintiff, employee of subcontractor Darling, recovered a judgment against the general contractor Siegfried, and subcontractor Niagara, for personal injuries sustained when he was struck by a mass of frozen earth which fell into an excavated area where he was removing sheet piling at a construction site. The jury assigned 70% of the responsibility for damages to Siegfried and 30% to Niagara, which...

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