PORTER v. AVLIS CONTR.


57 A.D.2d 222 (1977)

Catherine Porter, as Administratrix of The Estate of Gary Porter, Deceased, Appellant, v. Avlis Contracting Corp., Defendant and Third-Party Plaintiff-Respondent. Modern Masonry, Inc., Respondent; A. D. Herman Construction Co., Inc., Third-Party Defendant and Fourth-Party Plaintiff-Respondent, et al., Fourth-Party Defendants

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

May 9, 1977


Attorney(s) appearing for the Case

Melvin Sacks (Harold M. Harkavy of counsel), for appellant.

Mulholland, Minion & Roe (John F. Mulholland of counsel; Michael J. Roe on the brief), for Avlis Contracting Corp., defendant and third-party plaintiff-respondent.

Curtis, Hart & Zaklukiewicz (Edward J. Hart of counsel), for Modern Masonry, Inc., respondent.

Jarvis, Pilz, Buckley & Treacy (George F. Mackey of counsel), for third-party defendant and fourth-party plaintiff-respondent.

SHAPIRO, J. P., HAWKINS and O'CONNOR, JJ., concur.


TITONE, J.

This action, inter alia, seeking damages for the wrongful death of plaintiff's intestate, arose out of the collapse, on October 6, 1971, of a prefabricated, one-story building then under construction in Chester, New York. The plaintiff, as administratrix of the decedent's estate, sued the general contractor, Avlis Contracting Corp. (Avlis), and Modern Masonry, Inc. (Modern Masonry), the subcontractor...

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