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ROBINSON v. BINGHAMTON CONSTR. CO.

277 A.D. 468 (1950)

David Robinson, Respondent, v. Binghamton Construction Co., Inc., Defendant and Third-Party Plaintiff-Appellant. Donald G. Davis et al., Third-Party Defendants-Respondents

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

November 15, 1950.

Attorney(s) appearing for the Case

Robert D. Stone for defendant and third-party plaintiff-appellant.

Bernard Katzen, Herbert H. Ray and Harry Schechter for third-party defendants-respondents.

Frederick J. Meagher for respondent.

BREWSTER, DEYO, BERGAN and COON, JJ., concur.

FOSTER, P. J.

Plaintiff sued the defendant-appellant construction company for injuries received while he was engaged in oiling an asphalt mixing machine. He alleges that he was then the employee of another firm known as the Municipal Construction Company. The defendant-appellant instituted a third-party action against Donald G. Davis and Florence F. Davis, doing business as the Municipal Construction Company,...

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