PELLONE v. STRATFORD TOWER, INC.


56 A.D.2d 647 (1977)

Vincent Pellone, Appellant, v. Stratford Tower, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. United Fabricated Metals Co., Inc., Third-Party Defendant, et al., Defendant and Third-Party Plaintiff

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

February 28, 1977


Judgment reversed, with costs to plaintiff, payable by respondents; respondents' motion denied, jury verdict reinstated, and action remanded to Trial Term for further proceedings not inconsistent herewith.

Plaintiff, an employee of United Fabricated Metal Products, Inc., a subcontractor, was injured while working at the bottom of an elevator shaft in the respondents' building when he was struck by a descending elevator. The proof in the record establishes that one...

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