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LANGNER v. JESSUP HOLDING

10 A.D.2d 1 (1960)

Sally Langner et al., Respondents, v. Jessup Holding Inc., et al., Appellants Jessup Holding Inc., Third-Party Plaintiff-Appellant, v. Maintenance Company, Inc., Third-Party Defendant-Respondent

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

February 16, 1960.

Attorney(s) appearing for the Case

E. Edan Spencer of counsel (Edith L. Fisch with her on the brief; E. Edan Spencer, attorney), for Jessup Holding Inc., appellant.

Patrick E. Gibbons and James O. Denniston of counsel (Galli, Terhune, Gibbons & Mulvehill, attorneys), for Maintenance Company, Inc., appellant and third-party defendant-respondent.

Samuel Suckow of counsel (Philip Horowitz, c/o Colin & Millstein, attorney), for Sally Langner and another, respondents.

BREITEL, J. P., RABIN, M. M. FRANK and STEVENS, JJ., concur in memorandum; McNALLY, J., dissents in part and votes to reverse and order a new trial, in opinion.

MEMORANDUM BY THE COURT.

Judgment modified, on the law and on the facts, to the extent of reversing that part thereof which grants judgment in favor of defendant Maintenance Company, Inc., on its cross claim against the defendant Jessup Holding, Inc., and to provide for the dismissal thereof, without costs in favor of one as against the other, and otherwise affirmed, with costs to the plaintiffs against both defendants. The...

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