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JOHN H. HOLGERSON, Appellant, v. SOUTH 45TH STREET GARAGE, INC., Respondent and Third-Party Plaintiff-Appellant. MARCATO ELEVATOR COMPANY, INC., Third-Party Defendant-Respondent.

Judgment affirmed, with costs to defendant garage against plaintiff and to defendant elevator company against defendant garage; no opinion.

Concur: Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI. Chief Judge DESMOND and Judge FOSTER dissent and vote to reverse upon the ground that there was a jury issue as to the alleged failure of defendant garage to provide a safe place to work.

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HOLGERSON v. SOUTH 45TH STREET GARAGE, INC
(Feb 28, 1963)