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  5. 25 N.Y.2d 324 (1969)
 

KENNARD v. WELDED TANK & CONSTR. CO.

25 N.Y.2d 324 (1969)

Caroline B. Kennard, as Administratrix of The Estate of Leonard E. Coker, Deceased, Respondent, v. Welded Tank & Construction Co. Inc., Defendant and Third-Party Plaintiff-Appellant. Colorado Fuel & Iron Co., Inc., Third-Party Defendant-Respondent. (Action No. 1.) (And Three Other Actions.)

Court of Appeals of the State of New York.

Decided October 29, 1969.

Attorney(s) appearing for the Case

Saul I. Weinstein for plaintiff-appellant in Action No. 1.

Lewis F. X. Cotignola, Harry W. Robinson and Abraham Brinn for plaintiff-appellant in Action No. 3.

Arthur W. Block for defendant-appellant in Actions Nos. 1, 2 and 4.

Reginald S. Marshall for defendant-respondent.

Chief Judge FULD and Judges SCILEPPI and GIBSON concur with Judge BERGAN; Judge BREITEL dissents and votes to reverse in a separate opinion in which Judges BURKE and JASEN concur.

BERGAN, J.

These four actions arising from an accident February 24, 1954, now almost 16 years ago, were tried together in October and November, 1960. General verdicts were returned in favor of two plaintiffs, Edward T. Karran, since deceased, and C. W. Lauman & Co., who in direct actions sued Colorado Fuel & Iron Co. for negligence.

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