33 A.D.2d 912 | N.Y. App. Div. | 1970
Appeal by third-party defendants from an order of Supreme 'Court, Dutchess County, dated 'September 11, 1968, which denied their motion to dismiss the third-party complaint. Order reversed, on the law, with $10 costs and • disbursements, and third-party complaint dismissed. The third-party defendants (doing business as Z.L.S.) were in the process of constructing a two-story building for Alpine Development Corporation, which is one of the defendants and the third-party plaintiff. One of Z.L.S.’s employees was working on the second floor ceiling and roof when he fell through an open stairwell, into the basement, and suffered personal injuries. The employee received workmen’s compensation payments