PALAZZOLO v. PARK 75TH CORPORATION, 304 N.Y. 862 (1952)

109 N.E.2d 881

ANTHONY PALAZZOLO, Respondent, v. PARK 75TH CORPORATION et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.Argued October 21, 1952
Decided December 4, 1952

Appeal from the Supreme Court, Appellate Division, First Department, GAVAGAN, J.

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[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

William F. McNulty for appellants.

Bernard Meyerson, Morris L. Meshel and Gustave G. Rosenberg
for respondent.

Judgment affirmed, with costs; no opinion.

Concur: LOUGHRAN, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ. LEWIS and CONWAY, JJ., dissent and vote for reversal and a new trial upon the ground that there was erroneously received in evidence expert testimony that the window sash involved herein was not so constructed that it could be cleaned from the inside “within the intendment of the rules and regulations of the Board of Standards and Appeals and of Section 202 of the Labor Law.” (Dougherty v. Milliken, 163 N.Y. 527, 533-534.)

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