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WALSH v. 175 WATER ST. PARTNERS

109 A.D.2d 690 (1985)

Margaret Walsh, as Executrix of Daniel E. Walsh, Deceased, Respondent, v. 175 Water Street Partners et al., Respondents and Third-Party Plaintiffs-Respondents. American Steel Erectors, Inc., Third-Party Defendant-Appellant Margaret Walsh, as Executrix of Daniel E. Walsh, Deceased, Respondent, v. 175 Water Street Partners et al., Appellants and Third-Party Plaintiffs-Appellants. American Steel Erectors, Inc., Third-Party Defendant-Appellant

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

March 26, 1985

In this death action brought by the executrix of a construction worker killed in a job-related accident, Special Term granted plaintiff's motion for summary judgment against the subcontractor and employer of the deceased, and set the matter down for an assessment of damages. Inasmuch as decedent's death was occasioned by a fall resulting from the breaking of defective planking supplied by the third-party defendant, we agree with Special Term that General Obligations Law ...

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