Majority
p. 688Paul Maniscalco, as Administrator of the Estate of Paul Maniscalco, Deceased, Appellant, v. Tully and Di Napoli, Inc., et al., Respondents. Argued October 12, 1948; decided October 22, 1948.
p. 689
Harry A. Spiegelman and Lothair H. Szerlip for appellant.
Frederick Mellor for Tully and Di Napoli, Inc., respondent.
William B. Shelton and John J. O’Connor for B. Turecamo Contracting Co., Inc., respondent.
p. 690
As to the defendant Tully and Di Napoli, Inc.: Judgment affirmed, with costs, on the ground that there was no evidence of negligence of that defendant. No opinion.
Concur: LotjghraN, Ch. J., Lewis, Desmond and Fuld, JJ. Dissenting: Conwat and Dye, J J. Taking no part: Thacher, J.
As to the defendant B. Turecamo Contracting Co., Inc.: Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that there was evidence of negligence of that defendant which should have been submitted to the jury. No opinion.
Concur: Loughran, Ch. J., Lewis, Conway, Dye and Fuld, JJ. Dissenting: Desmond, J. Taking no part: Thacher, J.