280 A.D. 1017 | N.Y. App. Div. | 1952
The defendant and third-party plaintiff appeals from a judgment of the Broome County Court in favor of the plaintiff, based upon a jury verdict, in an action brought to recover for work, labor and services, and from a judgment in favor of the third-party defendant based upon a jury verdict of no cause of action, and from an order denying a motion of the defendant and third-party plaintiff for a new trial. The third-party defendant entered into a written contract with the defendant and third-party plaintiff wherein he agreed to construct a house for the defendant and third-party plaintiff for a specified sum. The contract included the work here involved and allegedly performed by plaintiff. Plaintiff had previously been employed upon the same job by the third-party defendant. He alleges, however, that on May 7, 1951, he was hired independently by the defendant and third-party plaintiff to complete some of the work, and that the third-party defendant had been discharged from the job and was no longer participating therein. Defendant denies any independent hiring and asserts that plaintiff was working for the third-party defendant and that the third-party defendant had been paid in full for the work involved, and seeks judgment over against the third-party defendant for any amount
