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SPINELLI v. ST. JOHN NEPOMUCENE ROMAN CATHOLIC CHURCH

140 A.D.2d 427 (1988)

Alfred Spinelli et al., Appellants, v. St. John Nepomucene Roman Catholic Church, Respondent, et al., Defendants and Third-Party Plaintiffs, et al., Third-Party Defendants

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

May 9, 1988

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondent.

In 1980 the defendant St. John's entered into a contract with the third-party defendant Fortunato & Sons (hereinafter Fortunato) whereby Fortunato agreed to construct a church for St. John's on land owned by St. John's in Bohemia, New York. On April 27, 1981, construction was substantially completed. On that day, the plaintiff Albert Spinelli, an employee...

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