JULIANO v. MACKAY CONSTR. CORP.


39 A.D.2d 958 (1972)

Peter Juliano, Respondent, v. Mackay Construction Corp., Defendant and Fourth-Party Plaintiff-Appellant, and Edenwald Construction Co., Defendant and Third-Party Plaintiff-Respondent; Belt Contracting Co., Third- and Fourth-Party Defendant-Respondent

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

June 19, 1972


Judgment reversed, on the law and in the interests of justice, and new trial granted as to all parties and causes, with costs to abide the event.

In our opinion, this case was improperly submitted to the jury on the theory of res ipsa loquitur as against defendant Mackay Construction Corp. There should be a new trial as to all the parties and all the causes, in the interests...

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