SZCZEPKOWICZ v. KHELSHEK REALTY CORP.


280 A.D. 524 (1952)

Walter Szczepkowicz, Appellant, v. Khelshek Realty Corp., Defendant-Respondent and Third-Party Plaintiff-Appellant. Caesar Bonis et al., Doing Business as Bonis Bros. Fur Machinery Co., Third-Party Defendants-Respondents

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

July 1, 1952.


Attorney(s) appearing for the Case

John F. X. Finn of counsel (Norman C. Mendes with him on the brief; Rudser & Mulligan, attorneys), for defendant-respondent and third-party plaintiff-appellant.

Benjamin H. Siff of counsel (Julius H. Turetsky, attorney), for appellant.

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

PECK, P. J., DORE, COHN and HEFFERNAN, JJ., concur.


VAN VOORHIS, J.

The verdict of $15,000 was excessive, but we think that the complaint should not have been dismissed for failure to make out a cause of action. There was sufficient evidence to sustain a recovery under sections 295 and 316 of the Labor Law. Accordingly, the judgment, insofar as plaintiff has appealed therefrom, should be reversed and a new trial ordered with costs to plaintiff-appellant to abide...

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