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Max Swersky v. A. Greene & Co., Inc., and Emily Welsch, as of J. H. Welsch, , Respondents HRH Construction Corp., Third-Party v. World Housewrecking Co., Inc., Third-Party
Judgment affirmed, with costs; no opinion. Concur: Chief Judge Desmond and Judges Dye, Van Voorhis and SdLEPPi. Judges Fund, Bubble and Foster dissent and vote to reverse and to grant a new trial on the ground that a question of fact is presented as to whether the crane operator and oiler were employees of the crane owner, Welsch, at the time of the accident (Bartolomeo v. Bennett Contr, Co., 245 N. Y. 66; Kristiansen v. Wagner’s Steel Erectors, 295 N. Y. 668).