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HOLGERSON v. SO. 45TH ST. GARAGE

16 A.D.2d 255 (1962)

John H. Holgerson, Appellant, v. South 45th Street Garage, Inc., Respondent and Third-Party Plaintiff-Appellant. Marcato Elevator Company, Inc., Third-Party Defendant-Respondent

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

April 19, 1962.

Attorney(s) appearing for the Case

Benjamin H. Siff of counsel (Benjamin Goldstein, attorney), for appellant.

Lester D. Cook of counsel (Paul O. Hastings, attorney), for South 45th Street Garage, Inc., respondent.

Frederick Mandel of counsel (Bernard Helfenstein, attorney), for Marcato Elevator Company, Inc., respondent.

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

BREITEL, J.

Plaintiff, an injured elevator maintenance man, appeals from dismissal of his complaint at the close of his evidence by the Trial Justice, upon a jury trial. Plaintiff sued the owner of premises where the elevator was situated. Defendant owner has also appealed from dismissal of its third-party complaint against plaintiff's former employer, an elevator maintenance company.

Since, in this negligence...

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