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RANNEY v. HABERN REALTY CORP.

279 A.D. 426 (1952)

Beatrice Ranney, as Administratrix of The Estate of Donald McN. Ranney, Deceased, Appellant-Respondent, v. Habern Realty Corporation, Appellant, and Clarence Parker et al., Doing Business as A & P Crane Rental Co., et al., Respondents-Appellants. United Stone Works, Inc., et al., Third-Party Defendants-Respondents

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

February 26, 1952.

Attorney(s) appearing for the Case

John J. Cunneen of counsel (Caverly, Dimond, Dwyer & Lawlor, attorneys), for Clarence Parker and James L. Gitsman, doing business under the name of A & P Crane Rental Co., respondents-appellants.

Julius S. Christensen of counsel (Christensen & Curtis, attorneys), for Habern Realty Corporation, appellant.

Harry Zeitlan of counsel (Benjamin H. Siff with him on the brief; Abraham H. Leef, attorney), for Beatrice Ranney, appellant-respondent.

Harry Schechter of counsel (William H. Stieglitz with him on the brief; Bernard Katzen, attorney), for United Stone Works, Inc., third-party defendant-respondent.

Frank J. Wheelan of counsel (George Kohan, attorney), for Monroe A. Lawrence Building Construction Corp., respondent-appellant.

PECK, P. J., GLENNON and SHIENTAG, JJ., concur with CALLAHAN, J.; VAN VOORHIS, J., dissents in part, in opinion.

CALLAHAN, J.

These are cross appeals from a judgment entered on the verdict of a jury awarding damages for personal injuries and wrongful death of the plaintiff's intestate allegedly the result of an accident occurring on June 23, 1948.

The plaintiff's intestate was working on top of a sidewalk shed or bridge upon which was being loaded a draft of stone facings weighing approximately a ton and a half....

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