Levczuk v. Babcock Wilcox Co.

Full title: IVAN LEVCZUK, Appellant, v. BABCOCK WILCOX COMPANY et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Oct 19, 1961

178 N.E.2d 427 (N.Y. 1961)

178 N.E.2d 427

221 N.Y.S.2d 723

Opinion

Argued October 5, 1961

Decided October 19, 1961

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JACOB MARKOWITZ, J.

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.