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NEWEY v. KINWOOD REALTY CORP.

277 A.D. 682 (1951)

Peter Newey, Respondent, v. Kinwood Realty Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1951.

Attorney(s) appearing for the Case

Turner & Murphy, attorneys (Arthur J. Murphy and Harold W. Turner of counsel), for respondent.

Ainsworth & Sullivan, attorneys (Charles B. Sullivan and James J. Carroll of counsel), for Kinwood Realty Corporation, appellant.

Wiswall & Wood, attorneys (Frank L. Wiswall, Dunton F. Tynan and Carl O. Olson of counsel), for New York Telephone Company, appellant.

FOSTER, P. J., HEFFERNAN, BERGAN and COON, JJ., concur.

DEYO, J.

The plaintiff was injured when he fell into an elevator shaft in an office building owned by the Kinwood Realty Corporation (hereinafter referred to as Kinwood). For some little time he and one Sidney Smith, the superintendent of the building, had been working nights and Sundays moving partitions for one of the tenants. On December 16, 1945, a Sunday, when the building was closed to the public, they met...

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