Belt v. Port of New York Authority — 19 N.Y.2d 850

Majority

p. 850

Lawrence F. Belt, Respondent, v. Port of New York Authority, Appellant-Respondent, and W. J. Barney Corporation, Appellant, et al., Defendants. Port of New York Authority, Third-Party Plaintiff-Appellant, v. Broadway Maintenance Corp., Third-Party Defendant-Respondent. W. J. Barney Corporation, Third-Party Plaintiff-Respondent, v. Broadway Maintenance Corp., Third-Party Defendant-Appellant.

Argued February 20, 1967;

decided April 20, 1967.

p. 852

Sidney A. Schwarts for appellant-respondent and third-party plaintiff-appellant.

Solomon Boneparth and Samuel Justin Jackman for appellant and third-party plain tiff-respondent.

Denis M. Hurley, George P. Lane and John F. Haggerty for third-party defendant.

Bernard Meyerson and Herman F. Hoberman for respondent.

In each action: Judgment affirmed, with costs to plaintiff against defendant Broadway Maintenance Corporation; no opinion.

Concur: Chief Judge Fgld and Judges Burke, Soileppi, Keating and Breitel. Judges Van Voorhis and Bergan dissent and vote to reverse and to dismiss the complaint against defendant, the Port of New York Authority, and to dismiss, as academic, the cross claim of defendant Port of New York Authority against W. J. Barney Corporation and the third-party complaint of W. J. Barney Corporation against Broadway Maintenance Corporation for the reasons stated in the dissenting opinion at the Appellate Division.