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TILLMAN v. TRIOU'S HOMES

253 A.D.2d 254 (1999)

687 N.Y.S.2d 506

Charles Tillman et al., Respondents-Appellants, v. Triou's Custom Homes, Inc., et al., Respondents and Third-Party Plaintiffs-Respondents. Phelps Cement Products, Inc., Third-Party Defendant-Appellant-Respondent

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

March 19, 1999

Attorney(s) appearing for the Case

Saperston & Day, P. C., Rochester (Elizabeth Stundtner and Roy Z. Rotenberg of counsel), for third-party defendant-appellant-respondent.

Martin & Iati, Rochester (Janice M. Iati of counsel), for defendants and third-party plaintiffs-respondents.

Bond & McDonald, Geneva (William J. McDonald of counsel), for plaintiffs-respondents-appellants.

DENMAN, P. J., GREEN, HAYES and WISNER, JJ., concur.

CALLAHAN, J.

Defendant Triou's Custom Homes, Inc. (Triou) was the general contractor on a contract to construct a single-family residence. Triou entered into a subcontract with defendant Zurich Masonry, Inc. (Zurich) to do the masonry work. Charles Tillman (plaintiff), a truck driver employed by third-party defendant, Phelps Cement Products, Inc. (Phelps), was driving a 10-wheel flatbed truck loaded with cement...

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