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CAMILLO v. OLYMPIA & YORK

157 A.D.2d 34 (1990)

Patricia M. Camillo et al., as Coguardians of Matthew R. May, Also Known as Thomas Barrett, Respondents-Appellants, v. Olympia & York Properties Company et al., Respondents FMC Corporation, Third-Party Plaintiff-Appellant, v. Canron, Inc., Third-Party Defendant-Respondent. (Action No. 1.) Canron, Inc., Respondent, v. FMC Corporation, Appellant, et al., Defendants. (Action No. 2.)

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

May 1, 1990

Attorney(s) appearing for the Case

Richard M. Schrier (Jeffrey S. Tanen and Donald M. Munson with him on the brief), for respondents-appellants.

Howard R. Cohen of counsel (Gerald N. Swartz with him on the brief; Bower & Gardner, attorneys), for Olympia & York Properties and another, respondents.

Sheila L. Birnbaum of counsel (Timothy G. Reynolds and Thomas E. Fox with her on the brief; Skadden, Arps, Slate, Meagher & Flom, attorneys), for third-party plaintiff-appellant.

Glenn J. Fuerth of counsel (Sheryl E. Katz with him on the brief; Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys), for Charles M. Shapiro & Sons, defendant-respondent.

Ray L. LeFlore for Canron, Inc., defendant and third-party defendant-respondent and plaintiff-respondent.

Steven B. Prystowsky of counsel (Eric A. Portuguese with him on the brief; Lester Schwab Katz & Dwyer, attorneys), for William Geer and another, defendants-respondents.

SULLIVAN, J. P., KASSAL, SMITH and RUBIN, JJ., concur.

ASCH, J.

Matthew May was injured when a crane owned by Canron, Inc. (Canron-Canada), under the control of its New York subsidiary, Canron Corporation (Canron-NY), and operated by the latter's employee, William Geer, collapsed, striking a building across the street and causing pieces of concrete to fall. Olympia & York Properties Company owned the property on which the crane was mounted. O&Y Construction...

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