TILKINS v. NIAGARA FALLS


52 A.D.2d 306 (1976)

Maureen A. Tilkins, as Administratrix of The Estate of Donald E. Tilkins, Deceased, Respondent, v. City of Niagara Falls, Appellant and Third-Party Plaintiff-Respondent. Gross Plumbing & Heating Co., Inc., Third-Party Defendant-Appellant

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

May 28, 1976


Attorney(s) appearing for the Case

Carl E. Mooradian, Corporation Counsel (George M. Donohue of counsel), for appellant and third-party plaintiff-respondent.

Boniello, Gellman, Anton, Brydges & Conti (Salem Mansour of counsel), for respondent.

Dixon, DeMarie & Szymoniak (Anthony DeMarie of counsel) and Murphy & Vitch (Robert Viola of counsel), for third-party defendant-appellant.

MARSH, P. J., CARDAMONE, MAHONEY and GOLDMAN, JJ., concur.


SIMONS, J.

Plaintiff's intestate was killed on August 23, 1971 when an earthen trench in which he was working collapsed and buried him. The work was being performed by his employer, third-party defendant Gross Plumbing & Heating Co., Inc., pursuant to a contract with defendant third-party plaintiff City of Niagara Falls, which called for the installation of water...

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