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GARDNER v. 1111 CORP.

286 A.D. 110 (1955)

Ruth Gardner, as Administratrix of The Estate of William J. Gardner, Jr., Deceased, Respondent, v. 1111 Corporation et al., Defendants, and Bing & Bing, Inc., Appellant

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

June 7, 1955.

Attorney(s) appearing for the Case

John F. X. Finn of counsel (C. J. Pernicone, Norman C. Mendes and Henry J. O'Hagan with him on the brief; Peter M. J. Reilly, attorney), for respondent.

Bernard Meyerson and Harry L. Barshay of counsel (Herman Jervis, Richards W. Hannah and Robert Kagan with them on the brief; Richards W. Hannah; Martin, Clearwater & Bell and Hetkin, Jervis & Hetkin, attorneys), for appellant.

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

RABIN, J.

This appeal involves a determination as to the liability of a managing agent of an apartment house for the death of an elevator operator who was killed in the course of his employment when an elevator tie rod broke and the compensating chain fell through the roof of the cab.

The claim here is that the accident occurred because of the failure of the defendant-appellant Bing & Bing, Inc., the...

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