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BORSHOWSKY v. ALTMAN & CO.

280 A.D. 599 (1952)

Mary P. Borshowsky, as Administratrix of The Estate of John Palega, Deceased, Appellant-Respondent, v. B. Altman & Co., Respondent-Appellant

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

October 28, 1952.

Attorney(s) appearing for the Case

William L. Shumate of counsel (Shumate, Barrett & Molloy, attorneys), for respondent-appellant.

Robert J. Keegan, Jr., of counsel (Fred Flatow, attorney), for appellant-respondent.

PECK, P. J., and COHN, J., concur with VAN VOORHIS, J.; CALLAHAN, J., dissents from the dismissal of the complaint and votes to reverse the order denying plaintiff's motion to set aside the verdict and direct a new trial of all the issues, in opinion.

VAN VOORHIS, J.

These are appeals from a judgment and amended judgment for $5,500 damages entered upon a verdict for plaintiff in a negligence action. John Palega, now deceased, was injured in falling through a marquee over the entrance to the department store of B. Altman & Co. He was a window cleaner employed by National House Cleaning Co. (hereafter called "National") whose insurance carrier paid workmen...

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