UNITY SHEET METAL WORKS v. KNAPPEN


279 A.D. 245 (1951)

Unity Sheet Metal Works, Inc., Respondent, v. Theodore T. Knappen et al., Copartners Doing Business under the Name of Knappen Tippetts Abbett Engineering Co., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1951.


Attorney(s) appearing for the Case

Sidney G. Kingsley of counsel (Sylvester & Harris, attorneys), for appellants.

Nelson Rosenbaum for respondent.

GLENNON, J. P., DORE, COHN and CALLAHAN, JJ., concur; SHIENTAG, J., dissents and votes to affirm on authority of Advance Music Corp. v. American Tobacco Co. (296 N.Y. 79).


Per Curiam.

A report to a principal by agents such as defendants-appellants, engineers employed by the lessee of a pier to act as the lessee's representatives and overseers during the performance of construction work, is privileged as against a claim by a third person such as this plaintiff, a subcontractor, having no contractual relationship with either the lessee, or the engineers (Greyhound Corp. v. Commercial...

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