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STRUBLE v. ARBORIO, INC.

74 A.D.2d 55 (1980)

Lenard L. Struble et al., Appellants, v. John Arborio, Inc., Respondent and Third-Party Plaintiff-Appellant; Brunalli Construction Company, Third-Party Defendant-Respondent

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

April 10, 1980

Attorney(s) appearing for the Case

William H. Johnson, Jr. (Philip C. Johnson of counsel), for appellants.

Hinman, Howard & Kattell (James L. Chivers of counsel), for respondent and third-party plaintiff-appellant.

Smyk & Smyk (Stephen D. Smyk of counsel), for third-party defendant-respondent.

GREENBLOTT, J. P., SWEENEY, MAIN and MIKOLL, JJ., concur.

HERLIHY, J.

The plaintiff Lenard Struble was injured when a catwalk upon which he was standing while engaged in the dismantling of a piece of machinery (a crane) collapsed, propelling him to the ground. The crane was located at a site of highway construction (a bridge) and used in such construction.

Among other things, the plaintiffs urged that respondent John Arborio, Inc. (Arborio) was absolutely liable...

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