Deso v. Albany Ladder Co.

Herlihy, J. P.

The defendant Foster-Newman Contracting Co., Inc. (hereinafter referred to as Foster) appeals from a judgment against it as does the third-party defendant, Tonan Construction Corp. (hereinafter referred to as Tonan), which also appeals from an order granting judgment over against, it.

The plaintiff appeals from so much of the judgment as held that there was “no cause of action” against the defendant, Albany Ladder Company, Inc. (hereinafter referred to as Albany Ladder). Both Foster and Tonan argue that the plaintiff’s complaint against Foster should have been dismissed as a…