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KELLY v. OTIS ELEVATOR CO.

283 A.D. 363 (1954)

Michael Kelly, Respondent, v. Otis Elevator Company, Appellant and Third-Party Plaintiff-Appellant. Barlow-Meagher Co., Inc., Third-Party Defendant-Respondent

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

March 2, 1954.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Walter L. Glenney with him on the brief; Hampton & Mahoney, attorneys), for appellant.

Robert R. Bauman of counsel (Amadeus J. Ward, attorney), for respondent.

Jerome Teich for third-party defendant-respondent.

PECK, P. J., CALLAHAN, BASTOW and BOTEIN, JJ., concur.

BERGAN, J.

Plaintiff was employed as a laborer by Barlow-Meagher Co., Inc., in cleaning elevator shafts at Gimbels store, a hazardous employment covered by the Workmen's Compensation Law. He was injured in the course of that employment and this third-party tort action is maintained against defendant Otis Elevator Company based on negligence and that defendant has joined the Barlow-Meagher corporation under a cross...

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