decided: June 14, 1968.
DOROTHY M. GORMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF RICHARD P. GORMAN, DECEASED, APPELLANT,
GRAND CENTRAL BUILDING, INC., ET AL., RESPONDENTS, ET AL., DEFENDANTS
Gorman v. Grand Cent. Bldg., 29 A.D.2d 849, affirmed.
Concur: Chief Judge Fuld and Judges Scileppi, Breitel and Jasen. Judges Bergan and Keating dissent. Taking no part: Judge Burke.
Order affirmed, without costs, on the opinion at the Appellate Division. Judges Bergan and Keating dissent and vote to reinstate the verdict for the plaintiff as directed by the trial court, upon the ground that the defendants violated the clear mandate of section 241-a of the Labor Law, enacted to protect workmen engaged in this type of work. (See Joyce v. Rumsey Realty Corp., 17 N.Y.2d 118, construing a similar statute, Labor Law, former § 241, subd. 1.)
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