ADAMS v. FRED ALVARO CONSTR. CORP., INC.


161 A.D.2d 1014 (1990)

Keith Adams, Appellant, v. Fred Alvaro Construction Corporation, Inc., Respondent. (And a Third-Party Action.)

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

May 24, 1990


Mahoney, P. J.

On January 10, 1986 plaintiff, an employee of Gerrity Company, Inc., delivered building supplies on a flatbed truck to lot 13, Woodbridge Street in the City of Albany. Lot 13 and adjacent lot 15, owned by defendant, were part of a subdivision being developed by defendant. On the date of delivery foundations had been excavated and poured on both lots, but the actual framing of a house had commenced only on lot 15 although, according to defendant...

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