IACURTO v. FULLER OIL & COAL CORP.


13 A.D.2d 377 (1961)

Carmine Iacurto, Appellant, v. Fuller Oil & Coal Corp. et al., Respondents-Appellants, et al., Defendant Joseph Mendlowitz et al., Third-Party Plaintiffs-Appellants, v. Slattery Contracting Co., Third-Party Defendant-Respondent

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

June 22, 1961.


Attorney(s) appearing for the Case

William J. Corcoran of counsel (Bernard Meyerson with him on the brief; Levy, Galotta & Corcoran, attorneys), for appellant.

Joseph Kane of counsel (Alexander Orr with him on the brief; William C. Morris, attorney), for Fuller Oil & Coal Corp., respondent-appellant.

Alexander E. Rosenthal of counsel (Irving Segal, attorney), for Joseph Mendlowitz, appellant.

William F. McNulty of counsel (J. Rhodes O'Reilly, attorney), for Consolidated Edison Company of New York, Inc., appellant.

Raymond C. Green of counsel (Harry Schechter and Harold Klein with him on the brief; Charles G. Tierney, attorney), for Slattery Contracting Co., respondent.

RABIN, J. P.., VALENTE and EAGER, JJ., concur with BERGAN, J.; STEVENS, J., dissents in part in opinion.


BERGAN, J.

On April 13, 1956 plaintiff was injured when a heavily laden coal truck owned by defendant Fuller Oil & Coal Corp. fell into a trench which was plaintiff's work site. The trench ran along the roadway of East 70th Street between First Avenue and York Avenue closer to the southerly than the northerly side of the street and was about four feet wide and four and one-half to five and one-half feet deep...

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