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  5. 23 N.Y.2d 796 (1968)
 

SBUTTONI v. 108-114 PARK PLACE CORP.

23 N.Y.2d 796 (1968)

Eugenio Sbuttoni, Appellant, v. 108-114 Park Place Corp., Respondent, et al., Defendant. 108-114 Park Place Corp., Third-Party Plaintiff-Appellant, v. A. L. Bazzini Co., Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided December 12, 1968.

Attorney(s) appearing for the Case

William L. Shumate and Joseph A. Porcell for appellant.

William F. McNulty for respondent and third-party appellant.

John Nielsen for third-party respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL and JASEN. Judges BERGAN and KEATING dissent and vote to reverse and grant a new trial on the ground that a question of fact was presented as to whether the building in which the accident occurred was a tenant-factory building under the Labor Law (§ 315, subd. 2; § 316, subd. 2) imposing possible liability against defendant 108-114 Park Place Corp.

Order affirmed, without costs...

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