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RUFO v. ORLANDO

286 A.D. 88 (1955)

Emidio Rufo, Respondent, v. Anthony J. Orlando, Doing Business as A. J. Orlando Contracting Co., Appellant and Third-Party Plaintiff-Respondent. Northcrest Gardens Corp., Third-Party Defendant-Appellant

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

May 24, 1955.

Attorney(s) appearing for the Case

John P. Carson of counsel (Matthew E. Lawless, attorney), for appellant and third-party plaintiff-respondent.

Benjamin H. Siff of counsel (Martin I. Weiss, attorney), for respondent.

I. Sidney Worthman of counsel (Harold M. Harkavy with him on the brief; Jones, Lynch & Soupios, attorneys), for third-party defendant-appellant.

CALLAHAN, BASTOW and BOTEIN, JJ., concur in Per Curiam opinion; COHN, J., dissents in opinion in which PECK, P. J., concurs.

Per Curiam.

Plaintiff has recovered judgment against Orlando, the sole defendant, for personal injuries allegedly resulting from Orlando's negligence. Orlando, who was the excavation contractor on a construction job, has in turn recovered judgment upon his third-party complaint against the general contractor, Northcrest. Implicit in the jury's verdict in favor of plaintiff was a finding that Orlando's failure to provide...

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