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EST. OF CANALE v. BINGHAMTON AMUSEMENT

45 A.D.2d 424 (1974)

Estate of Peter Canale et al., Respondents, v. Binghamton Amusement Co., Inc., et al., Appellants; Binghamton Enterprise, Inc., et al., Respondents. (Action No. 1.) Susan O. Trozze, Respondent, v. Binghamton Enterprise, Inc., et al., Appellants; Robert W. McCarthy et al., Respondents. (Action No. 2.)

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

July 25, 1974.

Attorney(s) appearing for the Case

Shaw, Esworthy, O'Brien & Crowley (Maurice P. O'Brien of counsel), for Binghamton Amusement Co., Inc. and another, appellants.

Night, Keller, O'Connor, Ball & McDonough (Thomas F. O'Connor of counsel), for Binghamton Enterprise, Inc., appellant.

Hinman, Howard & Kattell (John M. Keeler of counsel), for Columbia Gas of New York, Inc., respondent.

Kramer, Wales & McAvoy (Philip J. Kramer of counsel), for Estate of Peter Canale and another, respondents.

Chernin & Gold (Donald M. Flanagan of counsel), for Susan Trozze, respondent.

HERLIHY, P. J., SWEENEY and MAIN, JJ., concur with STALEY, JR., J.; REYNOLDS, J., dissents and votes to modify in an opinion.

STALEY, JR., J.

The two actions are based on negligence which allegedly caused the destruction by fire of a building owned by plaintiffs, Canale, in Action No. 1, and damaged personal property of the plaintiff in Action No. 2 who was a subtenant in the building. Defendant Binghamton Enterprise, Inc. (hereinafter called Enterprise) was the main tenant in the building, and defendant George Miles was the president...

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