decided: December 12, 1968.
EUGENIO SBUTTONI, APPELLANT,
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.,
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.
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