DICENZO v. NEW YORK SHOVEL & CRANE CORP.


282 A.D. 741 (1953)

Sam Dicenzo, as Administrator of The Estate of Albert Dicenzo, Deceased, Respondent, v. New York Shovel & Crane Corp., Appellant, et al., Defendants

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

June 29, 1953.


Amended judgment reversed on the law, with costs, and amended complaint dismissed, with costs. If said judgment were not being reversed, the findings of fact implicit in the verdict would be affirmed.

Beginning March 30, 1949, Vachris rented from appellant on a monthly basis a rig (i.e., a revolving crane mounted on a truck) without a crew, which consisted of a crane operator and an oiler-chauffeur. There is no testimony that appellant required Vachris to hire one...

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