Consolidated Mutual Insurance v. Lawrence Di Giovanna & Sons
New York Supreme Court
1Opinion of the CourtJames S. Brown, J.
Motion to dismiss the third-party complaint for legal insufficiency. Plaintiff insurance company, as statutory assignee under the provisions of sections 13 and 29 of the Workmen’s Compensation Law, instituted an action against Lawrence Di Griovanna & Sons, foundation subcontractors, and Bova & Mondi, excavation subcontractors, to recover indemnity and medical payments made by it to one Joseph Scanlon who sustained personal injuries while employed as a watchman by Punia & Marx, Inc., the general contractor on a construction job.
In the main complaint plaintiff alleges that the two…
2Cases cited8 opinions
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
- Semanchuck v. Fifth Avenue & 37th Street Corp.New York Court of Appeals · 1943
- Walters v. Rao Electrical Equipment Co.New York Court of Appeals · 1942
- Rufo v. OrlandoNew York Court of Appeals · 1955
- Kile v. Riefler Bros. ContractorsAppellate Division of the Supreme Court of the State of New York · 1953
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3Cited by2 opinions
- Griffin v. New York Central RailroadNew York Supreme Court · 1958
- Beverly v. Acme Scaffold Co.New York Supreme Court · 1957