Appellate Division of the Supreme Court of New York, 1958

Public Administrator v. Rubin Construction Corp.

Public Administrator v. Rubin Construction Corp.
Appellate Division of the Supreme Court of New York · Decided May 20, 1958
6 A.D.2d 678; 173 N.Y.S.2d 943; 1958 N.Y. App. Div. LEXIS 5852
Public Administrator v. Rubin Construction Corp.

Opinion of the Court

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.

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