Contracts · MBE-tested
Abraham Epstein, Appellant, v. Acme Scaffold Co., Inc., Respondent and Third-Party Plaintiff-Appellant. Eugene J. Woolrich et al., Doing Business as Weiss and Woolrich Contracting Co., et al., Third-Party Defendants-Respondents
9 A.D.2d 693·New York Supreme Court, Appellate Division·1959·NY
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Opinion
Abraham Epstein, Appellant, v. Acme Scaffold Co., Inc., Respondent and Third-Party Plaintiff-Appellant. Eugene J. Woolrich et al., Doing Business as Weiss and Woolrich Contracting Co., et al., Third-Party Defendants-Respondents.
[MAJORITY]
In an action to recover damages for personal injuries, the complaint was dismissed at the close of the plaintiff’s case, and the court thereupon dismissed the third-party complaint. Plaintiff appeals from so much of the judgment entered thereon as dismissed the complaint, and the third-party plaintiff appeals from so much of said judgment as dismissed the third-party complaint. Judgment unanimously affirmed, with costs to respondent payable by appellant, and with one bill of costs to the third-party defendants-respondents payable by the third-party plaintiff-appellant. No opinion. Present — Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.