STYER v. WALTER VITA CONSTR., INC.


174 A.D.2d 662 (1991)

Eric L. Styer et al., Appellants-Respondents, v. Walter Vita Construction, Inc., Defendant and Third-Party Defendant-Respondent, and Lumex, Inc., Defendant and Third-Party Plaintiff-Respondent-Appellant. Vita & Yarusso, Inc., Third-Party Defendant-Respondent

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

June 17, 1991


Ordered that the order is affirmed, without costs or disbursements.

Walter Vita Construction, Inc., a general contractor constructing a commercial building on property owned by the defendant Lumex, Inc., subcontracted with the third-party defendant Vita & Yarusso, Inc. to perform the masonry work. The plaintiffs, employees of Vita & Yarusso, Inc., were engaged in erecting an exterior wall of the building when, in order to facilitate the placement of mortar...

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