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GRABICKI v. PENN YORK CONSTR

55 A.D.2d 258 (1976)

Charles Grabicki, Plaintiff, v. Penn York Construction Corp., as Successor to Foster-Lipkin Corp., et al., Defendants. Bethlehem Steel Corp., Third-Party Plaintiff-Respondent; Survey Associates, Inc., Third-Party Defendant-Appellant

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

December 30, 1976

Attorney(s) appearing for the Case

Hesson, Ford, Sherwood & Whalen (Dale M. Thuillez of counsel), third-party defendant-appellant.

Barry A. Gold and Morris J. Bloomberg for third-party plaintiff-respondent.

KOREMAN, P. J., MAHONEY, MAIN and HERLIHY, JJ., concur.

SWEENEY, J.

This action arises from an accident which occurred on or about August 22, 1968 when plaintiff, an employee of the third-party defendant fell in the course of employment and sustained certain injuries. An action was brought against the general contractor and two subcontractors based in negligence and violation of the Labor Law. In June of 1974 defendant Bethlehem Steel, one of the subcontractors, commenced a third-party action against Survey...

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