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ROBINSON v. SHAPIRO

No. 78 Civ. 2522.

484 F.Supp. 91 (1980)

Rita ROBINSON, Individually and as Administratrix of the goods, chattels and credits that were of Joseph Robinson, deceased, Plaintiff, v. Rubin SHAPIRO, Harold Schneider, Irving Newman, Samuel Greenberg and Julius G. Fishman, doing business as Village Towers Company (a partnership), Defendants. Harold SCHNEIDER, doing business as Village Towers Company (a partnership), Third-Party Plaintiff, v. WASOFF CONTRACTORS, INC. and Modern Sheet Metal, Inc., Third-Party Defendants.

United States District Court, S. D. New York.

January 23, 1980.

Attorney(s) appearing for the Case

Pazer & Epstein, P. C., New York City, for plaintiff.

Lewis I. Wolf, Weisman, Celler, Spett, Modlin & Wertheimer (of counsel), New York City, for defendants and third-party plaintiff.

Samuel Brill, New York City, Trial Counsel, Segan, Culhane, Nemerov & Geen, New York City, for Wasoff Contractors, Inc.

Burlingham, Underwood & Lord, New York City, for Modern Sheet Metal, Inc.

LASKER, District Judge.

On the night of January 8, 1978, high winds blew down portions of the smokestack at the apartment building at 15 Charles Street in Manhattan. The next morning a representative of the owner of the building, Village Towers Company ("Village Towers"), telephoned the contractor who had built the smokestack, Wasoff Contractors, Inc. ("Wasoff"), who in turn called the subcontractor who had actually put...

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