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FREY v. BETHLEHEM STEEL CORP.

30 N.Y.2d 764 (1972)

Russell Frey, Plaintiff, v. Bethlehem Steel Corp., Appellant, and G. C. Depot Construction Co., Respondent.

Court of Appeals of the State of New York.

Decided May 4, 1972.

Attorney(s) appearing for the Case

Harold R. Medina, Jr. and Anthony A. Dean for appellant.

Demov, Morris, Levin & Shein for respondent.

Concur: Chief Judge FULD and Judges BERGAN, JASEN and GIBSON. Judge BURKE concurs on constraint of Dole v. Dow Chem. Co. Taking no part: Judges SCILEPPI and BREITEL.

Order reversed, with costs to abide the event, and the motion to dismiss appellant's cross complaint denied on the authority of Dole v. Dow Chem. Co. (30 N.Y.2d 143

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