New York Court of Appeals, 1961

Levczuk v. Babcock & Wilcox Co.

Levczuk v. Babcock & Wilcox Co.
New York Court of Appeals · Decided October 19, 1961
10 N.Y.2d 830; 178 N.E.2d 427

Levczuk v. Babcock & Wilcox Co.

Opinion of the Court

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that questions of fact were raised as to the liability of each defendant.

Concur: Chief Judge Desmond and Judges Dye, Froessel, Van Voorhis and Foster. Judge Fuld dissents and votes to affirm the judgment appealed from in its entirety and Judge Burke dissents and votes to affirm the judgment as to defendants Walter Monroe Cory and Walter Monroe Cory Associates.

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