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EMERY v. DEPOT CONSTR.

75 A.D.2d 102 (1980)

Samuel Emery, Sr., et al., Plaintiffs, v. Depot Construction Company, Defendant and Third-Party Plaintiff-Appellant, and S & M Plumbing Company et al., Defendants and Third-Party Plaintiffs; Roy Barnaby et al., Third-Party Defendants-Respondents

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

June 12, 1980

Attorney(s) appearing for the Case

Smyk & Smyk (Stephen D. Smyk of counsel), for defendant and third-party plaintiff-appellant.

Fix, Spindelman, Turk, Himelein & Schwartz (Norman M. Spindelman and John R. Schwartz of counsel), for third-party defendants-respondents.

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

SWEENEY, J.

Plaintiff was injured when he fell through a stairwell opening at a construction site. He brought an action against appellant, Depot Construction Company (Depot), the general contractor, and others. Third-party actions were brought against Roy Barnaby, Inc., respondent, a subcontractor, which was the employer of plaintiff. The jury returned a verdict in favor of plaintiff against Depot only, and also...

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