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PORTER v. AVLIS CONTR CORP

86 Misc.2d 235 (1976)

Catherine Porter, as Administratrix of The Estate of Gary Porter, Deceased, et al., Plaintiffs, v. Avlis Contracting Corp. et al., Defendants. Avlis Contracting Corp., Third-Party Plaintiff, v. A. D. Herman Construction Co., Inc., Third-Party Defendant. A. D. Herman Construction Co., Inc., Third-Party Defendant and Fourth-Party Plaintiff, v. Modular Steel Systems, Inc. et al., Fourth-Party Defendants.

Supreme Court, Trial Term, Nassau County.

February 11, 1976

Attorney(s) appearing for the Case

Melvin Sacks for plaintiffs. Mulholland, Minion & Roe (Michael Roe of counsel), for Avlis Contracting Corp., defendant and third-party plaintiff. Curtis, Hart & Zaklukiewicz (Frank Zaklukiewicz of counsel), for Modern Mason, Inc., defendant. Jarvis, Pilz, Buckley & Treacy (George F. Mackey and Bruce J. Bergman of counsel), for third-party defendant and fourth-party plaintiff.

JOSEPH A. SUOZZI, J.

In this wrongful death action, the jury returned a general verdict in favor of the plaintiff as against the defendant Avlis, the general contractor, in the amount of $300,000, and in favor of Modern Mason, the only other defendant sued by the plaintiff. The action arose out of the collapse on October 6, 1971, of a metal pre-engineered onestory factory building which was then under construction...

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