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LOMBARDI v. STOUT

80 N.Y.2d 290 (1992)

Michaele Lombardi, Appellant, v. James Stout, Respondent and Third-Party Plaintiff, and David Von Sothen et al., as Executors of Freda G. Von Sothen, Deceased, Respondents and Second Third-Party Plaintiffs. Joseph Facchin, Inc., Third-Party Defendant-Respondent and Second Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided October 29, 1992.

Attorney(s) appearing for the Case

Hollenberg Levin Solomon Ross & Belsky, New York City (Michael Lowe and Milton H. Ellerin of counsel), for appellant.

Evans, Orr, Pacelli, Norton & Laffan, P. C., New York City (Maura V. Laffan and Roger A. Goodnough of counsel), and Hart & Hume, New York City, for James Stout, respondent and third-party plaintiff, and Joseph Facchin, Inc., third-party defendant-respondent and second third-party defendant-respondent.

Langan & Levy, New York City (Rachelle D. Cohen of counsel), for David Von Sothen and another, respondents and second third-party plaintiffs.

Chief Judge WACHTLER and Judges KAYE, TITONE and HANCOCK, JR., concur with Judge SIMONS; Judge BELLACOSA dissents in part and votes to affirm in a separate opinion; Judge SMITH taking no part.

SIMONS, J.

Plaintiff was injured when he fell from a ladder while cutting down a tree located on property which defendant James Stout had contracted to buy from defendant Estate of Freda Von Sothen. At the time of the accident, plaintiff was employed by defendant Joseph Facchin, Inc., a general contractor, and had gone onto the property with several other employees of Facchin, allegedly at the request of Stout...

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