neutral
Cited (no substantive treatment)
0.3 score
Retrieving the full opinion text from the archive…
John H. Holgerson, Appellant,
v.
South 45th Street Garage, Inc., Respondent and Third-Party Plaintiff-Appellant. Marcato Elevator Company, Inc., Third-Party Defendant-Respondent.
v.
South 45th Street Garage, Inc., Respondent and Third-Party Plaintiff-Appellant. Marcato Elevator Company, Inc., Third-Party Defendant-Respondent.
New York Court of Appeals.
Feb 28, 1963.
Published
Benjamin H. Siff and Benjamin Goldstein for appellant.
Lester D. Cook and Paul O. Hastings for respondent and third-party plaintiff-appellant.
Frederick Mandel and Bernard Helfenstein for third-party defendant-respondent.
Concur: Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI. Chief Judge DESMOND and Judge FOSTER dissent and vote to reverse upon the ground that there was a jury issue as to the alleged failure of defendant garage to provide a safe place to work.
Judgment affirmed, with costs to defendant garage against plaintiff and to defendant elevator company against defendant garage; no opinion.