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BRUNO v. ALMAR RESIDENCES CORP.

13 A.D.2d 232 (1961)

Ralph Bruno, Respondent-Appellant, v. Almar Residences Corp., Defendant-Appellant-Respondent and Third-Party Plaintiff-Appellant. Leo Brill, Doing Business as Consolidated Contracting Co., Third-Party Defendant-Respondent

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

June 13, 1961.

Attorney(s) appearing for the Case

Norman Bard of counsel (Max Jackrel with him on the brief; Jackrel & Hoffman, attorneys), for respondent-appellant.

Alexander E. Rosenthal of counsel (Irving Segal, attorney), for appellant-respondent.

James J. McLoughlin of counsel (Anthony J. De Cicco, attorney), for third-party defendant-respondent.

BOTEIN, P.J., VALENTE and STEVENS, JJ., concur with McNALLY, J.; BREITEL, J., dissents and votes to affirm in opinion.

McNALLY, J.

In an action for personal injuries, plaintiff was awarded a verdict of $37,500 against defendant Almar Residences Corp., the owner of premises 418 East 78th Street, Manhattan, which at the time of the happening of the accident was in the process of being altered and renovated by third-party defendant Leo Brill, doing business as Consolidated Contracting Co. The plaintiff was an employee of Brill....

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