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BEGLANE v. CARLSON HOISTING & MACH. CO., INC.

5 A.D.2d 681 (1957)

Patrick J. Beglane, Respondent, v. Carlson Hoisting & Machinery Co., Inc., Appellant, et al., Defendant Carlson Hoisting & Machinery Co., Inc., Third-Party Plaintiff-Appellant, v. James King & Son, Inc., Third-Party Defendant-Respondent

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

December 9, 1957

Judgment modified on the law by striking therefrom the first decretal paragraph and by substituting therefor a provision that the complaint be dismissed as against appellant. As so modified, judgment, insofar as appealed from, unanimously affirmed, with costs to appellant, payable by respondent Beglane.

If the complaint were not being dismissed, a new trial would be granted on the ground that the verdict was against the weight...

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