
    Max Swersky, Appellant, v. A. Greene & Co., Inc., et al., Defendants, and Emily Welsch, as Executrix of J. H. Welsch, Deceased, et al., Respondents. HRH Construction Corp., Third-Party Plaintiff, v. World Housewrecking Co., Inc., Third-Party Defendant.
    Argued January 15, 1963;
    decided February 21, 1963.
    
      
      Benjamin Heller and Aaron J. Broder for appellant.
    
      Robert D. Foglia and E. Edan Spencer for Emily Welsch, as executrix of J. H. Welsch, deceased, respondent.
    
      Irving Miness and Edward A. Harmon for remaining respondents.
   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).  