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FERGUSON v. GREEN IS. CONTR.

44 A.D.2d 358 (1974)

Hugo S. Ferguson, Plaintiff, and Air Cushion Vehicles, Inc., Appellant, v. Green Island Contracting Corporation, Respondent, and Rensselaer County Air Park, Inc., Defendant

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

May 9, 1974.

Attorney(s) appearing for the Case

Nolan & Heller, P. C. and Healey & Donnelly, P. C. (Daniel Donnelly and Arthur V. Hart of counsel), for appellant.

DeGraff, Foy, Conway & Holt-Harris (Michael G. Breslin of counsel), for respondent.

STALEY, JR., COOKE and SWEENEY, JJ., concur with KANE, J.; HERLIHY, P. J., dissents and votes to reverse in an opinion.

KANE, J.

This is an appeal from an order of the Supreme Court at Special Term, entered November 20, 1973 in Rensselaer County, which dismissed the second cause of action of plaintiff Air Cushion Vehicles, Inc. against the defendant Green Island Contracting Corporation.

While riding as a passenger in an airplane allegedly owned and operated by defendant Green Island Contracting Corporation (hereinafter...

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