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CICCONE v. WATERFRONT COMM.

71 A.D.2d 195 (1979)

Anthony Ciccone, Petitioner, v. Waterfront Commission of New York Harbor, Respondent Joseph A. Byrne, Petitioner, v. Waterfront Commission of New York Harbor, Respondent Russell W. Neitz, Petitioner, v. Waterfront Commission of New York Harbor, Respondent Northeast Marine Terminal Co., Inc., Petitioner, v. Waterfront Commission of New York Harbor, Respondent

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

November 27, 1979

Attorney(s) appearing for the Case

Howard Schulman of counsel (David Jaffe with him on the briefs; Schulman & Abarbanel and Robert H. Bogucki, attorneys), for Anthony Ciccone, petitioner.

Martin J. McHugh of counsel (Dennis C. McMahon and William M. Kimball with him on the briefs; McHugh, Heckman, Smith & Leonard and Burlingham Underwood & Lord, attorneys), for Joseph A. Byrne and another, petitioners.

Mark Abramowitz of counsel (Elliot Cohen with him on the briefs; Parker Chapin Flattau & Klimpl, attorneys), for Northeast Marine Terminal Co., Inc., petitioner.

Susan Lushing for respondent.

KUPFERMAN, J. P., and MARKEWICH, J., concur with LYNCH, J.; ROSS, J., dissents in an opinion.

J. ROBERT LYNCH, J.

The petitioner Ciccone is employed as an extra-labor foreman by the petitioner Northeast Marine Terminal, of which petitioners Byrne and Neitz were principal officers. Ciccone is also on the executive board of Local 1814, International Lonshoremen's Association. Since 1976 Northeast Marine Terminal has provided him the use of an automobile in addition to his monetary wages. In consequence...

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