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NOWAK v. SMITH & MAHONEY

110 A.D.2d 288 (1985)

Stan Nowak et al., Plaintiffs, v. Smith & Mahoney, P. C., Defendant and Third-Party Plaintiff-Appellant, and U.W. Marx, Inc., Defendant and Third-Party Plaintiff-Respondent. City of Albany, Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

October 17, 1985

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case & Blackmore (Verle L. Johnston, Jr., and Randall J. Ezick of counsel), for defendant and third-party plaintiff-appellant.

James L. Pemberton (Paul Briggs of counsel), for defendant and third-party plaintiff-respondent.

KANE, J. P., MAIN, YESAWICH, JR., and HARVEY, JJ., concur.

LEVINE, J.

Plaintiff Stan Nowak (plaintiff), an electrical worker, was injured at the site of construction of a waste recovery plant for third-party defendant City of Albany when the ladder on which he stood working collapsed. Plaintiff's employer was third-party defendant J.N. Futia Company, Inc. (Futia), which had been awarded the individual prime contracts for the plumbing and the electrical work on the...

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