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GASPER v. FORD MOTOR CO.

13 N.Y.2d 104 (1963)

Linda Gasper, as Administratrix of The Estate of Donald Gasper, Deceased, Respondent, v. Ford Motor Company, Defendant-Appellant, and Third-Party Plaintiff-Appellant. Frederick Seifert, Doing Business as Main Window Cleaning Company, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1963.

Attorney(s) appearing for the Case

Richard E. Moot, Roy P. Ohlin and James S. Marvin for defendant-appellant and third-party plaintiff-appellant.

John R. Davison, William J. Flynn and Rose M. Frederickson for respondent.

John P. Lane, Joseph M. Soviero and Harry Schechter for third-party defendant-respondent.

Judges DYE, FULD and VAN VOORHIS concur with Judge SCILEPPI; Judge FOSTER concurs in result; Chief Judge DESMOND dissents in an opinion in which Judge BURKE concurs.

SCILEPPI, J.

Plaintiff's intestate, Donald Gasper, was employed as a master window cleaner by Frederick Seifert (doing business as Main Window Cleaning Company). Seifert's company was engaged by defendant Ford to wash the windows of its stamping plant at Hamburg, New York. On June 2, 1953 Gasper, in the course of his employment of cleaning a window on an enclosed bridge or elevated walkway at defendant's plant...

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