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HARVEY v. MAZAL AM. PARTNERS

79 N.Y.2d 218 (1992)

Bernard Harvey et al., Respondents, v. Mazal American Partners et al., Doing Business as Assay Partners et al., Appellants. Assay Partners et al., Third-Party Plaintiffs-Appellants-Respondents, v. Mosher Steel Company, a Division of Trinity Industries, Inc., Third-Party Defendant, and Gem Steel Erectors, Inc., et al., Third-Party Defendants-Respondents-Appellants. (And a Second Third-Party Action.)

Court of Appeals of the State of New York.

Decided February 25, 1992.

Attorney(s) appearing for the Case

Glen Feinberg, London Fischer, James L. Fischer and Edward Magro for appellants and third-party plaintiffs-appellants-respondents.

Peter Pearson Traub, Jr., and Elliott Zucker for third-party defendants-respondents-appellants.

Joseph Kelner, Robert S. Kelner and Arthur I. Strier for respondents.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

The plaintiff Bernard Harvey was an ironworker foreman employed by Atlas-Gem Joint Venture to work on the construction of a high-rise office building in downtown Manhattan. The property was owned by Assay Partners and managed by HRH Construction Corporation. Assay had contracted with Mosher Steel Company for the fabrication and erection of structural steel and Mosher in turn subcontracted...

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