Appellate Division of the Supreme Court of New York, 1975

McCalla v. Powerhouse Service, Inc.

McCalla v. Powerhouse Service, Inc.
Appellate Division of the Supreme Court of New York · Decided March 25, 1975
47 A.D.2d 818; 367 N.Y.S.2d 462; 1975 N.Y. App. Div. LEXIS 9151
McCalla v. Powerhouse Service, Inc.

Opinion of the Court

Order of the Appellate Term of the Supreme Court, First Department, entered on October 21, 1974, affirmed. Plaintiff-respondent and third-party defendant-respondent shall recover of appellant one bill of $60 costs and disbursements of this appeal. Concur— Kupferman, J. P., Tilzer, Lane and Nunez, JJ.; Murphy, J., dissents in the following memorandum: I would reverse the order of affirmance and dismiss the complaint on the dissenting opinion of Mr. Justice Quinn at the Appellate Term.

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