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SWERSKY v. A. GREENE & CO., INC.

12 N.Y.2d 952 (1963)

Max Swersky, Appellant, v. A. Greene & Co., Inc., et al., Defendants, and Emily Welsch, as Executrix of J. H. Welsch, Deceased, et al., Respondents. HRH Construction Corp., Third-Party Plaintiff, v. World Housewrecking Co., Inc., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided February 21, 1963.

Attorney(s) appearing for the Case

Benjamin Heller and Aaron J. Broder for appellant.

Robert D. Foglia and E. Edan Spencer for Emily Welsch, as executrix of J. H. Welsch, deceased, respondent.

Irving Miness and Edward A. Harmon for remaining respondents.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS and SCILEPPI. Judges FULD, BURKE and FOSTER dissent and vote to reverse and to grant a new trial on the ground that a question of fact is presented as to whether the crane operator and oiler were employees of the crane owner, Welsch, at the time of the accident (Bartolomeo v. Bennett Contr. Co., 245 N.Y. 66; Kristiansen v. Wagner's Steel Erectors, 295 N.Y. 668).

Judgment affirmed, with costs...

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