Lucy Carinha, as Administratrix of The Estate of Jose Carinha, Also Known as Joseph Carinha, Deceased, et al., Respondents-Appellants,
v.
Action Crane Corp. et al., Respondents, and Turner Construction Co. et al., Appellants-Respondents, et al., Defendant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 28, 1977
June 28, 1977
Attorney(s) appearing for the Case
Pamela Anagnos Liapakis of counsel (Lipsig, Napoli, Sullivan, Mollen & Liapakis, P. C., attorneys), for respondents-appellants.
William J. Steinbrecher of counsel (Steinbrecher & Paradise, P. C., attorneys), for Government Employees Insurance Co., Inc., appellant-respondent.
Raymond C. Green of counsel (Francis Hugh McDermott with him on the brief; Peter M. Pryor, attorney), for Westbury S. & S. Concrete Co., Inc., appellant-respondent.
Solomon M. Cheser of counsel (Tell, Cheser, Breitbart & Lefkowitz, attorneys), for Action Crane Corp., respondent.
Patricia D'Alvia of counsel (Morris, Duffy, Ivone & Jensen, attorneys), for Drott Co., respondent.
Richard Bakalor of counsel (Quirk & Bakalor, P. C., attorneys), for Plainview S. & S. Concrete Co., Inc., and another, appellants-respondents.
William F. McNulty of counsel (Anthony J. McNulty with him on the brief; Craig, Betelsky & Lockhart, attorneys), for Turner Construction Co., appellant-respondent.
Harry H. Kutner, Jr., for John Harrington, appellant-respondent.
LANE, J. concurs with CAPOZZOLI, J.; LUPIANO and MARKEWICH, JJ., dissent in an opinion by LUPIANO, J.; MURPHY, P. J., concurs in part and dissents in part in an opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
CAPOZZOLI, J.
I agree with the opinion of Mr. Justice LUPIANO, except as to that portion which would affirm the trial court's dismissal of the complaint against the defendant, Action Crane Corporation, at the close of the case on the ground that, as a matter of law, Harrington, the crane operator, was not an employee of the defendant, Action, when the accident happened. I am of the opinion that, in view of the...
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