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  5. 16 N.Y.2d 644 (1965)
 

BERGEN v. E. 84TH ST. CONSTR. CORP.

16 N.Y.2d 644 (1965)

Rubin Bergen, Respondent, v. East 84th Street Construction Corp., Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 27, 1965.

Attorney(s) appearing for the Case

Benjamin H. Siff and Casper B. Ughetta for appellant.

David Kashman, Melvin N. Weissler and Herman E. Hoberman for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and SCILEPPI. Judges VAN VOORHIS and BERGAN dissent and vote to reverse and to dismiss the complaint for the reasons stated in the memorandum of the dissenting Justices at the Appellate Division except as to contributory negligence.

Order affirmed, with costs...

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