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REA v. ALBERT ELIA BLDG. CO., INC.

79 A.D.2d 1102 (1981)

Philip J. Rea et al., Appellants, v. Albert Elia Building Company, Inc., Respondent and Third-Party Plaintiff-Respondent. Furnco Construction Corporation, Third-Party Defendant-Respondent

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

January 23, 1981

Order unanimously reversed, with costs, and motion granted.

Memorandum:

Plaintiff Philip John Rea is a welder employed by third-party defendant Furnco Construction Corporation, a subcontractor of defendant third-party plaintiff Albert Elia Building Company, Inc. On June 10, 1976 he and a co-worker were on a scaffold erecting metal framework inside a holding tank being constructed as a part of a sewage treatment plant for the Town of Tonawanda. Plaintiff alleges...

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