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LOPES v. ROSTAD

45 N.Y.2d 617 (1978)

Maria T. Lopes, as Administratrix of The Estate of Manuel D. Lopes, Deceased, Respondent, v. Harold R. Rostad et al., Respondents, and County of Nassau, Appellant, et al., Defendants. County of Nassau, Third-Party Plaintiff-Respondent, v. S. Zara & Sons Contracting Co., Inc., Third-Party Defendant-Appellant. Vito Martino, Respondent, et al., Plaintiff, v. County of Nassau, Appellant, and Palma Rostad et al., Respondents. County of Nassau, Third-Party Plaintiff-Respondent, v. S. Zara & Sons Contracting Co., Inc., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided December 6, 1978.

Attorney(s) appearing for the Case

E. Richard Rimmels, Jr., for appellant.

David Rosenberg, Peter M. Pryor, Abraham I. Marglin and David J. Wiener for third-party defendant-appellant.

Marshall D. Sweetbaum and Bernard P. McSherry for Maria T. Lopes, respondent.

E. Richard Rimmels, Jr., for third-party plaintiff-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.

WACHTLER, J.

S. Zara Contracting Co., Inc. (Zara), by contract with the County of Nassau (County) undertook a sanitary sewer construction project. On September 3, 1971 at 9:00 A.M., while repairing a manhole in connection with the project, Manuel Lopes and Vito Martino, both employees of Zara, were struck by an automobile driven by Harold Rostad and owned by his mother Palma Rostad. As a result of the accident...

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