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MERRIWEATHER v. BOLAND & CORNELIUS

6 N.Y.2d 417 (1959)

Martin L. Merriweather, Plaintiff, v. Boland & Cornelius, Defendant and Third-Party Plaintiff-Appellant; Pittston Stevedoring Corp., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Fenton F. Harrison for appellant.

J. Edmund De Castro, Jr., for respondent.

Chief Judge Conway and Judges DYE, FULD, VAN VOORHIS and BURKE concur with Judge FROESSEL; Judge DESMOND concurs in the result only in a separate memorandum.

FROESSEL, J.

In this negligence action by a stevedore against Boland & Cornelius (hereinafter called Boland), the operator of the ship upon which he was working when injured, the third-party complaint of Boland against the stevedore's employer, Pittston Stevedoring Corporation (hereinafter called Pittston), was dismissed by the courts below. We think this was error. Special Term looked to the main complaint...

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