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Levczuk v. Babcock & Wilcox Co.

10 N.Y.2d 830 Court N.Y. Decision date 1961-10-19 English

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p. 830
Ivan Levczuk, Appellant, v. Babcock & Wilcox Company et al., Respondents.
Argued October 5, 1961;
decided October 19, 1961.
p. 831
Louis R. Harolds for appellant.
John F. Mulvey for Walter Monroe Cory and another, respondents.
Patrick E. Gibbons and Ralph H. Terhune for Babcock & Wilcox Company, respondent.

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that questions of fact were raised as to the liability of each defendant.

Concur: Chief Judge Desmond and Judges Dye, Froessel, Van Voorhis and Foster. Judge Fuld dissents and votes to affirm the judgment appealed from in its entirety and Judge Burke dissents and votes to affirm the judgment as to defendants Walter Monroe Cory and Walter Monroe Cory Associates.