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BRUTO v. GEORGE HERMAN & ASSOCS., INC.

64 A.D.2d 844 (1978)

Joseph B. Bruto, Respondent, v. George Herman and Associates, Inc., et al., Appellants George Herman and Associates, Inc., Third-Party Plaintiff-Appellant-Respondent, v. William Higgins & Sons, Inc., Third-Party Defendant-Respondent-Appellant Dyna Crete Corporation, Third-Party Plaintiff-Appellant, v. Williams Higgins & Sons, Inc., Third-Party Defendant-Respondent-Appellant

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

July 13, 1978

Judgment and order unanimously reversed, on the law, without costs, and complaint and third-party complaint dismissed.

Memorandum:

Plaintiff, an employee of a subcontractor, third-party defendant William Higgins & Sons, Inc., was injured in 1966 when he fell from a scaffold erected in violation of subdivision 2 of section 240 of the Labor Law. Plaintiff sued George Herman and Associates, Inc., the general contractor, and Dyna Crete Corporation, the subcontractor...

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