Hyperlawhypertext legal databasebeta Holgerson v. South 45th Street Garage, Inc. 12 N.Y.2d 1011

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Holgerson v. South 45th Street Garage, Inc.

12 N.Y.2d 1011 Court N.Y. Decision date 1963-02-28 English

Contents

Majority

p. 1011
John H. Holgerson, Appellant, v. South 45th Street Garage, Inc., Respondent and Third-Party Plaintiff-Appellant. Marcato Elevator Company, Inc., Third-Party Defendant-Respondent.
Argued January 23, 1963;
decided February 28, 1963.
p. 1012
Benjamin E. Siff and Benjamin Goldstein for appellant.
Lester D. Gooh and Paul 0. Eastings for respondent and third-party plaintiff-appellant.
p. 1013
Frederick Mandel and Bernard Helfenstein for third-party defendant-respondent.

Judgment affirmed, with costs to defendant garage against plaintiff and to defendant elevator company against defendant garage; no opinion.

Concur: Judges Dye, Fuld, Van Voorhis, Burke and Soileppi. Chief Judge Desmond and Judge Foster dissent and vote to reverse upon the ground that there was a jury issue as to the alleged failure of defendant garage to provide a safe place to work.