Majority
p. 785Raylite Electric Corp., Appellant, v. City of New York, Defendant, and New York City Housing Authority, Respondent and Third-Party Plaintiff-Respondent. Rockaway Blvd. Wrecking & Lumber Co., Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant. Argued February 18, 1969; decided March 6, 1969.
p. 786
Frederick H. Block and Benjamin Heffner for appellant.
E. Edan Spencer and Walter Feller for defendant-respondent and third-party plaintiff-respondent.
Harris Birnbaum for third-party defendant-respondent.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Judge Keating dissents and votes to reverse for the reasons stated in the dissenting opinion at the Appellate Division.