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RANNEY v. HABERN REALTY CORP.

281 A.D. 278 (1953)

Beatrice Ranney, as Administratrix of The Estate of Donald M. Ranney, Deceased, Respondent, v. Habern Realty Corporation, Appellant Habern Realty Corporation, Third-Party Plaintiff-Appellant, v. United Stone Works, Inc., Third-Party Defendant-Respondent

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

February 24, 1953.

Attorney(s) appearing for the Case

Emile Z. Berman for third-party plaintiff-appellant.

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

Harry Schechter of counsel (Bernard Katzen and William Steiglitz with him on the brief; Bernard Katzen, attorney), for third-party defendant-respondent.

DORE, J. P., COHN and VAN VOORHIS, JJ., concur.

BREITEL, J.

Plaintiff recovered judgment after a jury trial for injuries suffered by her intestate, Ranney. Defendant Habern appeals from such judgment and from judgment rendered in favor of the third-party defendant, United Stone. The jury found in favor of defendant Habern on plaintiff's cause of action for Ranney's death. There is no appeal from that finding, and there is no issue on this before us.

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