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  5. 17 A.D.2d 253 (1962)
 

COHEN v. JOSAM CONSTR. CORP.

17 A.D.2d 253 (1962)

Jack Cohen, Appellant, v. Josam Construction Corp., Defendant-Respondent and Third-Party Plaintiff, et al., Defendant. Isadore Eisenberg, Doing Business as Eisenberg Painting Company, Third-Party Defendant

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

November 29, 1962.

Attorney(s) appearing for the Case

Thomas F. Frawley of counsel (Nicholas J. Winnie and Harry M. Matis with him on the brief; Winnie & Matis, attorneys), for appellant.

John J. Duffy of counsel (John E. Morris, attorney), for respondent.

BREITEL and EAGER, JJ., concur with STEVENS, J.; RABIN, J., dissents in opinion in which BOTEIN, P. J., concurs.

STEVENS, J.

This is an appeal from a judgment entered October 21, 1960, upon a directed verdict, dismissing the complaint at the conclusion of the case.

The facts are sufficiently stated in the dissenting opinion to obviate the necessity of extended repetition. The plaintiff, an employee of the painting subcontractor for the job, is here suing the brick subcontractor for injuries suffered when he fell...

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