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DUVA v. FLUSHING HOSP.

108 Misc.2d 900 (1981)

Richard Duva et al., Plaintiffs, v. Flushing Hospital & Medical Center et al., Defendants. G. C. Castagna & Sons, Inc., Third-Party Plaintiff, v. Burmar Electrical Corp. et al., Third-Party Defendants.

Supreme Court, Trial Term, Queens County.

May 14, 1981

Attorney(s) appearing for the Case

Murphy, McLoon & Maloney (Denis Murphy of counsel), for Flushing Hospital & Medical Center, defendant. O'Brien & McGarry (Gene McGarry of counsel), for G. C. Castagna & Sons, Inc., defendant and third-party plaintiff. Rebore & Thorpe (Bartholemew Rebore of counsel), for Burmar Electrical Corp., third-party defendant. Raymond J. McGrath and John Braun for Circle Industries Corporation, third-party defendant. Berel, Navarra & Mullen, P. C. (Sebastian J. Navarra of counsel), for Interstate Window Cleaning Company, Inc., third-party defendant. Joseph Emmett Soffey, P. C., for plaintiffs.

SIDNEY LEVISS, J.

This is a motion by the defendants Flushing Hospital & Medical Center and G. C. Castagna & Sons, Inc., made during the course of trial, for the court to charge comparative negligence with respect to the statutory causes of action brought herein pursuant to subdivision 1 of section 200 and subdivision 6 of section 241 of the Labor Law of the State of New York.

On May 8, 1978, at approximately 11:30 A.M. plaintiff Richard...

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