Opinion
Argued November 19, 1968
Decided December 12, 1968
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MORRIS E. SPECTOR, J.
William L. Shumate and Joseph A. Porcell for appellant.
William F. 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.