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GAMBELLA v. JOHNSON & SONS

285 A.D. 580 (1955)

Alphonse Gambella, Respondent, v. John A. Johnson & Sons, Inc., Defendant and Third-Party Plaintiff-Respondent. Andrea La Sala & Sons, Inc., Third-Party Defendant-Appellant

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

March 28, 1955.

Attorney(s) appearing for the Case

Joseph P. Feury, William J. Kenney and Joseph A. Monica for third-party defendant-appellant.

Walter G. Evans and Joseph Kane for third-party plaintiff-respondent.

Present — NOLAN, P. J., WENZEL, MACCRATE, SCHMIDT and MURPHY, JJ.

MURPHY, J.

Plaintiff fell from a defective scaffold furnished by his employer, appellant Andrea La Sala & Sons, Inc., hereinafter referred to as "La Sala". La Sala was a masonry subcontractor of defendant and third-party plaintiff-respondent John A. Johnson & Sons, Inc., hereinafter referred to as "Johnson". Johnson knew that La Sala was using the scaffold. Plaintiff commenced his action for damages against...

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