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DE LUCA v. FEHLHABER CORP.

38 Misc.2d 184 (1963)

Nicholas De Luca, Plaintiff, v. Fehlhaber Corporation et al., Defendants. Charles F. Zweifel & Co., Inc., Third-Party Defendant.

Civil Court of the City of New York, Bronx County.

January 14, 1963

Attorney(s) appearing for the Case

Menagh, Connors & Duggan for plaintiff. Terhune, Gibbons & Mulvehill for Fehlhaber Corporation, defendant. Lawless & Lynch for Mellwood Construction Corporation, defendant. Hanlon & Dawe for third-party defendant.

ARTHUR WACHTEL, J.

This case was submitted to the jury after the court reserved decision upon motion of defendants for a directed verdict. The jury disagreed. The motions were renewed and denied without prejudice, and the case set for retrial. The motions for a directed verdict are now renewed pursuant to section 457-a of the Civil Practice Act.

The facts are that the plaintiff, an employee of the third-party defendant, Charles F. Zweifel &...

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