Opinion
279 A.D. 886 111 N.Y.S.2d 16 FRED COPE et al., Appellants, v. GENERAL ELECTRIC COMPANY, Respondent. Supreme Court of New York, First Department. March 11, 1952
Appeal from an order of the Supreme Court at Special Term, entered December 4, 1950, in New York County, which granted a motion by defendant for a dismissal of the complaint under rules 106 and 107 of the Rules of Civil Practice.
Order affirmed, with $20 costs and disbursements to respondent.
DORE, J. (dissenting in part).
As the issues in this appeal are identical with the issues in appeal in Cifolo v. General Elec. Co. (279 A.D. 884) decided herewith, for the reasons stated in my dissenting opinion in Cifolo v. General Elec. Co., I dissent in part and vote to modify the order appealed so as to affirm dismissal of such parts of the causes of action alleged as are based upon liability accruing prior to March 22, 1944, and otherwise to reverse and deny defendant's motion to dismiss the complaint.
Peck, P. J., Cohn and Bergan, JJ., concur in decision; Dore, J., dissents in part, in opinion.
Order affirmed, with $20 costs and disbursements to respondent. No opinion.