decided: April 9, 1969.
GEORGE D. HUDSON, APPELLANT,
BROOKFIELD CONSTRUCTION COMPANY, INC., RESPONDENT
Hudson v. Brookfield Constr. Co.,
Concur: Chief Judge Fuld and Judges Scileppi, Bergan and Jasen. Judges Burke, Keating and Breitel dissent.
Order affirmed, without costs ( Kowalsky v. Conreco Co., 264 N. Y. 125; Senkbeil v. Board of Educ. of City of N. Y., 18 N.Y.2d 789, affg. 23 A.D.2d 587, 589).
Judges Burke, Keating and Breitel dissent and vote to reverse in the following memorandum: Plaintiff's work was not concerned with the use or correction of the hazardous condition which caused the accident. Hence, the rule of the Kowalsky case (264 N. Y. 125) is not applicable. There was, therefore, an issue of fact to submit to the jury.
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