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LOMORIELLO v. TIBBETTS CONTRACTING CORP.

13 N.Y.2d 736 (1963)

Vincent Lomoriello, Respondent, v. Tibbetts Contracting Corporation, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1963.

Attorney(s) appearing for the Case

Henry J. Smith and Donald C. Wilson for appellant.

Paul A. Crouch, Robert Hill Nix and Robert J. McKeever for respondent.

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and FOSTER. Judges DYE, FULD and SCILEPPI dissent and vote to reverse and to dismiss the complaint upon the ground that there is no evidence to establish the liability of defendant.

Order affirmed and judgment absolute directed against appellant on the stipulation, with costs in this court and in the Appellate Division...

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