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RAYLITE ELEC. v. CITY OF N. Y.

30 A.D.2d 38 (1968)

Raylite Electric Corp., Appellant, v. City of New York et al., Respondents New York City Housing Authority, Third-Party Plaintiff-Respondent; Rockaway Blvd. Wrecking & Lumber Co., Inc., et al., Third-Party Defendants-Respondents Rockaway Blvd. Wrecking & Lumber Co., Inc., Plaintiff, v. Raylite Electric Corp., Defendant

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

April 30, 1968.

Attorney(s) appearing for the Case

Frederick H. Block of counsel (Heffner & Block, attorneys), for appellant.

Alfred Weinstein of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for City of New York, respondent.

Walter Feller of counsel (E. Edan Spencer, attorney), for New York City Housing Authority, respondent.

Harris Birnbaum for Rockaway Blvd. Wrecking & Lumber Co. Inc., respondent.

BOTEIN, P. J., STEVENS and RABIN, JJ., concur with McGIVERN, J.; EAGER, J., dissents in part in opinion.

McGIVERN, J.

This is an appeal from a dismissal at the end of the plaintiff's case.

After a two-week trial and a record of 1780 pages, wherein the Trial Judge extended to the plaintiff the extremest latitude, the following facts emerge: The plaintiff Raylite is a company engaged in the manufacture and sale of Christmas ornaments. It occupied a six-story building and warehouse known as 285 East 137 St....

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