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SWEETING v. BD. OF COOP

83 A.D.2d 103 (1981)

Joyce M. Sweeting, as Administratrix of The Estate of Grover C. Sweeting, Deceased, Respondent, v. Board of Cooperative Educational Services et al., Defendants, and Pearson Electric Company, Inc., Appellant Pearson Electric Company, Inc., Third-Party Plaintiff-Appellant, and Ballard Associates et al., Third-Party Plaintiffs-Respondents, v. Truax & Hovey Drywall Corporation, Third-Party Defendant-Respondent

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

October 30, 1981

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (Robert Duell of counsel), for Pearson Electric Company, Inc., appellant.

Mackenzie, Smith, Lewis, Mitchell & Hughes (Arthur Chalenski of counsel), for Ballard Associates, third-party plaintiff-respondent.

Bucci & Lockwood (William F. Lynn of counsel), for Joyce M. Sweeting, respondent.

Bond, Schoeneck & King (S. Paul Battaglia of counsel), for Lennox Industries, Inc., third-party plaintiff-respondent.

Sugarman, Wallace, Manheim & Schoenwald (George DeMore of counsel), for Richard Hoyt, Inc., third-party plaintiff-respondent.

Coulter, Fraser, Ames, Bolton, Bird & Ventre (Robert Coulter of counsel), for Board of Cooperative Educational Services, defendant.

Hiscock, Lee, Rogers, Henley & Barclay (Taylor Obold of counsel), for Truax & Hovey Drywall Corporation, third-party defendant-respondent.

DILLON, P. J., CALLAHAN, MOULE and SCHNEPP, JJ., concur; CARDAMONE, J., not participating.

Per Curiam.

Early in the afternoon of July 17, 1975 plaintiff's intestate, Grover C. Sweeting, and a co-worker employed by defendant Truax & Hovey Drywall Corporation with the aid of their foreman, erected a scaffold on a mezzanine above the main floor of a B.O.C.E.S. building located on Thompson Road in Syracuse. They then proceeded to mount sheetrock onto metal studs on the rear wall of the mezzanine using a...

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