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  5. 9 N.Y.2d 426 (1961)
 

BUSH TERM. BLDGS. v. LUCKENBACH S. S. CO.

9 N.Y.2d 426 (1961)

Bush Terminal Buildings Co. et al., Plaintiffs, v. Luckenbach Steamship Co., Inc., Respondent; H. Muehlstein & Co., Inc., Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Joseph M. Callahan and Joseph J. Corn, Jr., for appellant.

William M. Kimball, Hervey C. Allen and John S. Rogers for respondent.

Judges DYE, FROESSEL, VAN VOORHIS and FOSTER concur with Judge BURKE; Chief Judge DESMOND and Judge FULD dissent and vote to affirm.

BURKE, J.

This action is brought by plaintiffs against Luckenbach, Atlantic and Muehlstein for the alleged negligent injury to property arising out of a fire and explosion that occurred upon a pier at the foot of 35th Street, Brooklyn, New York City. Defendant Luckenbach, which operated the pier, entered into a contract with defendant Atlantic, under which the latter was to repair Luckenbach's cargo-handling equipment...

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