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JOHNSON v. ARTKRAFT STRAUSS SIGN CORP.

45 A.D.2d 482 (1974)

Hassel B. Johnson, Respondent, v. Artkraft Strauss Sign Corp. et al., Appellants Frank W. Stevens, Inc., Third-Party Plaintiff-Appellant, v. S. Asch & Son, Inc., Third-Party Defendant-Respondent

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

October 10, 1974.

Attorney(s) appearing for the Case

William F. Larkin of counsel (Flood, Conway, Walsh, Stahl & Farrell, attorneys), for Frank W. Stevens, Inc., appellant and third-party plaintiff-appellant.

Asher Marcus of counsel (Peter James Johnson with him on the brief; Leahey & Johnson and Hanlon & Dawe, attorneys), for Artkraft Strauss Sign Corp., appellant.

Seymour Armstrong of counsel (Lawrence M. Rosenberg, attorney), for respondent.

Douglas A. Boeckmann of counsel (Craig, Betlesky & Lockhart, attorneys), for third-party defendant-respondent.

MARKEWICH, STEUER and CAPOZZOLI, JJ., concur in Per Curiam opinion; McGIVERN, P. J., dissents in an opinion in which KUPFERMAN, J., concurs.

Per Curiam.

Despite the objections of all the defendants, the trial court submitted this case to the jury for a special verdict, instead of a general verdict and, accordingly, gave the jury 11 questions which were to be answered.

The court announced, before summations, that it would give the jury a charge limited to general instructions on the subject of negligence and would reserve to itself the application...

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