PUB. ADM'R OF THE COUNTY OF NEW YORK v. RUBIN CONSTR. CORP.


10 A.D.2d 616 (1960)

Public Administrator of the County of New York, as Administrator of The Estate of Ephraim Stumer, Deceased, Respondent, v. Rubin Construction Corporation, Defendant-Appellant, and Third-Party Plaintiff-Respondent-Appellant. World Steel Products Corp., Third-Party Defendant-Appellant-Respondent

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

February 16, 1960


Judgment affirmed, with costs.

McNALLY, J. (dissenting).

I dissent and vote to reverse the judgment and order a new trial on the ground that the verdict is against the weight of the evidence.

The testimony that Rubin's labor foreman was permitted to take over control and direction of the removal of the heavy bucks is incredible. So far as appears, it was World's obligation to move the bucks. That...

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