Frattura v. Cozzolino Construction Corp.

— Appeal from a judgment of the Supreme Court, entered June 7,1977 in Albany County, upon a verdict rendered at a Trial Term in favor of plaintiff and third-party defendant. This is an action to recover for personal injuries sustained by plaintiff, Frederick Frattura, on May 28, 1971 while working on the construction of the Bethlehem Public Library (although his wife is also a plaintiff in this action, "plaintiff” will hereinafter refer exclusively to Mr. Frattura). Plaintiff was an employee of the third-party defendant Colonie Masonry Corporation, a subcontractor on the job. Defendant…