HEATH v. SOLOFF CONSTR.


107 A.D.2d 507 (1985)

Floyd J. Heath et al., Respondents, v. Soloff Construction, Inc., Appellant, et al., Defendants Soloff Construction, Inc., Third-Party Plaintiff-Respondent-Appellant, v. Solvay Iron Works, Inc., Third-Party Defendant-Appellant

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

April 5, 1985


Attorney(s) appearing for the Case

Davoli, McMahon & Kublick, P. C. (Jan S. Kublick of counsel), for appellant.

Sugarman, Wallace, Manheim & Schoenwald (Donald Schoenwald of counsel), for respondent-appellant.

Terry D. Smith for respondents.

DENMAN, BOOMER and O'DONNELL, JJ., concur with DILLON, P. J.; DOERR, J., concurs in a separate opinion.


DILLON, P. J.

This action was brought by plaintiff Floyd Heath, an iron-worker employed by third-party defendant Solvay Iron Works, Inc. (Solvay), against defendant Solomon Development Co., doing business as Syracuse Mall Associates (Syracuse), as owner, and defendant Soloff Construction, Inc. (Soloff), as general contractor, to recover damages for personal injuries suffered by him when he fell from an elevated...

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