GIBSON v. WORTHINGTON DIV. OF McGRAW-EDISON CO.


78 N.Y.2d 1108 (1991)

James R. Gibson et al., Respondents, v. Worthington Division of McGraw-Edison Company, Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided November 25, 1991.


Attorney(s) appearing for the Case

Benjamin M. Zuffranieri, Jr., and R. William Larson for appellant.

Paul William Beltz for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant's cross motion for summary judgment dismissing the second cause of action granted.

Having sustained some damage to the roof of one of its buildings, defendant sought repair estimates from several contractors, including Edward M. Ziegler Co., plaintiff's employer. Plaintiff, a design engineer who had defendant as one of his...

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