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VALLINA v. WRIGHT & KREMERS

7 A.D.2d 101 (1958)

Alfonso Vallina, Appellant, v. Wright and Kremers, Inc., Respondent

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

December 17, 1958.

Attorney(s) appearing for the Case

Clayton M. Smith for appellant.

Phelps, Gray, Mansour & Hewitt (Salem G. Mansour of counsel), for respondent.

All concur, WILLIAMS, J., in result; KIMBALL, J., not participating. Present — McCURN, P. J., KIMBALL, WILLIAMS, GOLDMAN and HALPERN, JJ.

HALPERN, J.

This is an appeal by the plaintiff from a judgment for the defendant entered upon a jury verdict of no cause of action.

In view of the narrow question of law upon which this appeal turns, there is no need to review the conflicting evidence in detail. It is sufficient for the purpose of this appeal to state the factual background of the problem briefly as follows: The defendant was engaged under...

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