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RUBIN BERGEN, Respondent, v. EAST 84TH STREET CONSTRUCTION CORP., Appellant, et al., Defendant.

Order affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and SCILEPPI. Judges VAN VOORHIS and BERGAN dissent and vote to reverse and to dismiss the complaint for the reasons stated in the memorandum of the dissenting Justices at the Appellate Division except as to contributory negligence.

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BERGEN v. EAST 84TH STREET CONSTRUCTION CORP
(May 27, 1965)