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PIERCE v. CITY OF NEW YORK

160 Misc.2d 600 (1994)

610 N.Y.S.2d 731

Robert Pierce, Plaintiff, v. City of New York et al., Defendants. Yonkers Contracting Co., Inc., Third-Party Plaintiff, v. Rice-Mohawk U.S. Construction Co., Ltd., Third-Party Defendant. (And Two Other Third-Party Actions.)

Supreme Court, Queens County.

March 3, 1994

Attorney(s) appearing for the Case

Raymond C. Green (DeCicco, Gibbons & McNamara, P. C., New York City, of counsel), for Rice-Mohawk U.S. Construction Co., Ltd. Ayers & Thompson, P. C., New York City, for Yonkers Contracting Co., Inc. Paul A. Crotty, Corporation Counsel of New York City (John Kearney of counsel), for City of New York. Schneider, Kleinick & Weitz, P. C., New York City, for Robert Pierce. Hammill, O'Brien, Croutier & Dempsey, P. C., Mineola, for 2831 Borden Ave. Corp. Adolph B. Salib, New York City, for Blue Parrott Deli. Richard W. Babinecz, New York City, for Consolidated Edison Co. of New York. Bay Crane Service, Inc., pro se.

ARNOLD N. PRICE, J.

In this action to recover damages for work-related injuries, the third-party defendant, plaintiff's employer, moves for summary judgment dismissing the third-party complaint.

The third-party plaintiff (hereinafter Yonkers) was the general contractor on a highway renovation project. The third-party defendant (hereinafter Rice-Mohawk) was hired by Yonkers to perform certain steel and...

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