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Public Administrator v. Rubin Construction Corp.
6 A.D.2d 678
| N.Y. App. Div. | 1958
|
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Order granting motion to dismiss third-party plaintiff’s second cause of action unanimously reversed, on the law, and the motion denied, with costs to third-party plaintiff-appellant. The original complaint is susceptible of the construction that third-party plaintiff’s acts were supervisory only and that its liability is occasioned by acts done by the subcontractor under general supervision. Consequently, the liability of third-party defendant may not be determined from the pleadings alone. Concur — Breitel, J. P., Rabin, McNally, Stevens and Bergan, JJ.

Case Details

Case Name: Public Administrator v. Rubin Construction Corp.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 20, 1958
Citation: 6 A.D.2d 678
Court Abbreviation: N.Y. App. Div.
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