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EUGENIO SBUTTONI v. 108-114 PARK PLACE CORP. (12/12/68)

COURT OF APPEALS OF NEW YORK 1968.NY.43901 <http://www.versuslaw.com>; 244 N.E.2d 871; 23 N.Y.2d 796 decided: December 12, 1968. EUGENIO SBUTTONI, APPELLANT,v.108-114 PARK PLACE CORP., RESPONDENT, ET AL., DEFENDANT; 108-114 PARK PLACE CORP., THIRD-PARTY PLAINTIFF-APPELLANT, V. A. L. BAZZINI CO., INC., THIRD-PARTY DEFENDANT-RESPONDENT Sbuttoni v. 108-114 Park Place Corp., 28 A.D.2d 1208, affirmed. William L. Shumate and Joseph A. Porcell for appellant. William F. McNulty for respondent and third-party appellant. John Nielsen for third-party respondent. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Breitel and Jasen. Judges Bergan and Keating dissent.


Sbuttoni v. 108-114 Park Place Corp., Concur: Chief Judge Fuld and Judges Burke, Scileppi, Breitel and Jasen. Judges Bergan and Keating dissent.

 Order affirmed, without costs; no opinion. Judges Bergan and Keating dissent and vote to reverse and grant a new trial on the ground that a question of fact was presented as to whether the building in which the accident occurred was a tenant-factory building under the Labor Law (§ 315, subd. 2; § 316, subd. 2) imposing possible liability against defendant 108-114 Park Place Corp.

19681212

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