KOMAR v. DUN & BRADSTREET CO.


284 A.D. 538 (1954)

Anthony Komar, Respondent, v. Dun & Bradstreet Co., Inc., et al., Appellants, et al., Defendant Dun & Bradstreet Co., Inc., et al., Third-Party Plaintiffs-Appellants, v. A. Greene Co., Inc., Third-Party Defendant-Respondent

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

July 19, 1954.


Attorney(s) appearing for the Case

Archie B. Morrison of counsel (Daniel R. Harvey and Robert A. Dwyer with him on the brief; William S. O'Connor, attorney), for appellants.

Eugene J. Morris of counsel (Albert J. Rosenthal with him on the brief; Gustave G. Rosenberg and Leon Himmelfarbe, attorneys), for respondent.

Harry Schechter of counsel (Bernard Katzen and William H. Stieglitz with him on the brief; Bernard Katzen, attorney), for third-party defendant-respondent.

Present — DORE, J. P., CALLAHAN, BREITEL, BASTOW and BOTEIN, JJ. Opinion by CALLAHAN, J. BREITEL and BASTOW, JJ., dissent and vote to reverse and order a new trial unless plaintiff stipulates to reduce the verdict to $60,000 in which event the judgment, as so modified, is affirmed; dissenting opinion by BASTOW, J.


CALLAHAN, J.

On February 3, 1950, the George A. Fuller Company, as general contractor, entered into an agreement with A. Greene Co., Inc., subcontractor, for the demolition of a number of buildings in New York City. The demolition was in preparation of a site for the construction of a large office building by Fuller, as general contractor, for Dun & Bradstreet Co., Inc., the owner.

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