Barker v. Menard

Appeal from a judgment of the Supreme Court (Ryan, Jr., J.), entered October 5, 1995 in Clinton County, upon a verdict rendered in favor of defendant Leonard Gadway.

At all times relevant to this appeal, plaintiff was employed *840as a laborer by third-party defendant, Hebert Development Corporation (hereinafter HDC). In July 1988, HDC and Dennis Gadway entered into a contract, pursuant to the terms of which Gadway was to perform, inter alia, certain excavation and backfilling work on a condominium project that HDC was developing in Clinton County. The record indicates that as the project…