WEINBAUM v. ALGONQUIN GAS TRANSMISSION CO.


285 A.D. 818 (1955)

Eva Weinbaum, Appellant, v. Algonquin Gas Transmission Company, Defendant, and Tulsa Williams Company, Respondent

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

January 10, 1955.


Order, insofar as appealed from, affirmed, with $10 costs and disbursements.

No opinion.

Wenzel and Beldock, JJ., dissent and vote to reverse the order and to deny the motion to dismiss the amended complaint, with the following memorandum:

On April 7, 1952, defendant Algonquin Gas Transmission Company contracted with defendant Tulsa Williams Company for the latter to construct a gas transmission pipeline, which contract contemplated excavation and...

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