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CARLSON v. COSTAN CORP.

9 N.Y.2d 705 (1961)

Bertha Carlson, Appellant, v. Costan Corp., et al., Respondents. Costan Corp., Third-Party Plaintiff-Appellant, v. Barton, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided February 23, 1961.

Attorney(s) appearing for the Case

Alfred S. Julien, Marie M. Lambert and David G. Lubell for appellant.

Richard E. Shandell, Edward A. Shandell and Joseph J. Brophy for defendants-respondents and third-party plaintiff-appellant.

Harold Klein, Charles G. Tierney, Harry Schechter and Raymond C. Green for third-party defendant-respondent.

Concur: Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Chief Judge DESMOND and Judge FOSTER dissent and vote to reverse upon the ground that, within the reasonable meaning of the statute (Labor Law, § 315, subd. 2), the place where the accident occurred was in a "tenant-factory building".

Judgment affirmed, without costs...

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