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CARTEE v. SAKS FIFTH AVE.

277 A.D. 606 (1951)

James Cartee, Respondent, v. Saks Fifth Avenue, Appellant Saks & Company, Sued Herein as Saks Fifth Avenue, Third-Party Plaintiff-Appellant, v. Daniel Fraad, Jr., et al., Doing Business as Allied Maintenance Co., Third-Party Defendants-Respondents

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

January 9, 1951.

Attorney(s) appearing for the Case

John J. Stewart of counsel (John P. Smith, attorney), for appellant.

Paxton Blair of counsel (Edgar T. Schleider with him on the brief; Edward L. Mollis, attorney), for plaintiff-respondent.

Harry Schechter of counsel (William H. Steiglitz with him on the brief; Bernard Katzen, attorney), for third-party defendants-respondents.

GLENNON, J. P., COHN and CALLAHAN, JJ., concur; SHIENTAG, J., dissents and votes to affirm.

DORE, J.

Defendant Saks Fifth Avenue appeals: (1) from a judgment against it in plaintiff's favor entered on a jury's verdict of $26,500 after trial; and also from (2) an order dismissing, before the case went to the jury, appellant's third-party complaint against defendant Allied Maintenance Co., an independent contractor impleaded by appellant.

On April 25, 1946, when the accident occurred, plaintiff...

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