Majority
p. 796Eugenio Sbuttoni, Appellant, v. 108-114 Park Place Corp., Respondent, et al., Defendant. 108-114 Park Place Corp., Third-Party Plaintiff-Appellant, v. A. L. Bazzini Co., Inc., Third-Party Defendant-Respondent. Argued November 19, 1968; decided December 12, 1968.
p. 798
William L. Shumate and Joseph A. Porcell for appellant.
William P. McNulty for respondent and third-party appellant.
John Nielsen for third-party respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Breitel and Jasen. Judges Bergan and Keating dissent and vote to reverse and grant a new trial on the ground that a question of fact was presented as to whether the building in which the accident occurred was a tenant-factory building under the Labor Law (§ 315, subd. 2; § 316, subd. 2) imposing possible liability against defendant 108-114 Park Place Corp.