Contracts · MBE-tested
Public Administrator of the County of New York, as Administratrix of the Estate of Ephraim Stumer, Deceased, Plaintiff, v. Rubin Construction Corporation, Defendant, and Third-Party Plaintiff-Appellant. World Steel Products Corp., Third-Party Defendant-Respondent
6 A.D.2d 678·New York Supreme Court, Appellate Division·1958·NY
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Opinion
Public Administrator of the County of New York, as Administratrix of the Estate of Ephraim Stumer, Deceased, Plaintiff, v. Rubin Construction Corporation, Defendant, and Third-Party Plaintiff-Appellant. World Steel Products Corp., Third-Party Defendant-Respondent.
[MAJORITY]
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.