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HORAN v. DORMITORY AUTH.

43 A.D.2d 65 (1973)

Daniel Horan, as Father and Natural Guardian of Thomas Horan, et al., Respondents, v. Dormitory Authority, Appellant

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

November 29, 1973.

Attorney(s) appearing for the Case

Donohue, Bohl, Clayton & Komar (Paul D. Donohue of counsel), for appellant.

Rosenstock & Turner (James S. Carter of Carter, Conboy, Bardwell & Case of counsel), for respondents.

HERLIHY, P. J., and GREENBLOTT, J., concur with STALEY, JR., J.; KANE and REYNOLDS, JJ., dissent and vote to reverse in an opinion by REYNOLDS, J.

STALEY, JR., J.

This is an appeal from a judgment of the Supreme Court, entered October 17, 1972 in Albany County, upon a directed verdict in favor of plaintiffs on the issue of defendant's liability, and a jury verdict awarding damages to them.

On August 21, 1967 Thomas Horan was working as a laborer on the construction of a dormitory for Siena College in Loudonville, New York. He was a second year college...

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