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HOBBS v. SCORSE

59 A.D.2d 1037 (1977)

John L. Hobbs, Plaintiff, v. Eugene L. Scorse et al., Defendants and Third-Party Plaintiffs-Respondents. Ed Frederico, Inc., Third-Party Defendant-Respondent; Di Marco Constructors Corp., Third-Party Defendant-Appellant

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

November 4, 1977

Order unanimously affirmed, with costs.

Memorandum:

This negligence action arises out of an accident at a construction site. Plaintiff Hobbs alleges that he was struck and injured by a truck operated by defendant Scorse, and owned by defendant Azor Drywall Co., Inc. (Azor). Both defendants brought a third-party action against the general contractor, Di Marco Constructors Corp. (Di Marco), and Hobbs' employer, Ed Frederico, Inc. Di Marco moved to dismiss the...

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