ZIPAY v. BENSON


57 A.D.2d 683 (1977)

Richard Zipay et al., Appellants, v. H. Coolidge Benson et al., Defendants and Third-Party Plaintiffs-Respondents. Dyer-Fitts Construction Co., Inc., Third-Party Defendant-Respondent. (Action No. 1.) Richard Zipay et al., Appellants, v. Allied Chemical Corporation, Defendant, and Clark Jamesville Rental, Inc., Defendant and Third-Party Plaintiff-Respondent. Dyer-Fitts Construction Co., Inc., Third-Party Defendant-Respondent. (Action No. 2.)

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

April 28, 1977


On August 1, 1966 the plaintiff Richard Zipay was injured in an accident at work. At that time he was employed as a flagman by the third-party defendant, Dyer-Fitts Construction Co. (Dyer-Fitts), which had a contract with the State of New York for the repairing, rebuilding of shoulders and replacement of guardrails and traffic signs on a four and one-half mile segment of Route 23 in the County of Chenango. This portion of the highway...

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