Opinion
Argued January 18, 1961
Decided February 23, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS E. MORRISSEY, JR., J.
Alfred S. Julien, Marie M. Lambert and David G. Lubell for appellant.
Richard E. Shandell, Edward A. Shandell and Joseph J. Brophy for defendants-respondents and third-party plaintiff-appellant.
Harold Klein, Charles G. Tierney, Harry Schechter and Raymond C. Green for third-party defendant-respondent.
Judgment affirmed, without costs; no opinion.
Concur: Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Chief Judge DESMOND and Judge FOSTER dissent and vote to reverse upon the ground that, within the reasonable meaning of the statute (Labor Law, § 315, subd. 2), the place where the accident occurred was in a "tenant-factory building".