Abdy v. M. J. O'Hara Contracting Co.

Appellate Division of the Supreme Court of New York

Abdy v. M. J. O'Hara Contracting Co.

264 A.D. 771, 34 N.Y.S.2d 681, 1942 N.Y. App. Div. LEXIS 4662

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 4, 1942

StatusPublished

This text of 264 A.D. 771 (Abdy v. M. J. O'Hara Contracting Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abdy v. M. J. O'Hara Contracting Co., 264 A.D. 771, 34 N.Y.S.2d 681, 1942 N.Y. App. Div. LEXIS 4662 (N.Y. Ct. App. 1942).

Pincite

Opinion

Action by plaintiff to recover damages for personal injuries sustained as the result of a fall on an excavated portion of a sidewalk. Defendant Raphael Iovino sought recovery over as against the corporate defendants on the grounds that they were the primary wrongdoers in failing to barricade the location after he had completed his work and that they had breached a contract obligating them to procure liability insurance for him. The appeal is by the two corporate defendants from a judgment in favor of plaintiff and against them and the codefendant Iovino, and in favor of the eodefendant Iovino and against them, which judgment was entered on the 13th day of March, 1941; and from an order amending the judgment theretofore entered. Judgment and order unanimously affirmed, with costs to plaintiff and to defendant Iovino. No opinion. That part of the appeal which purports to be from a judgment as amended by the order is dismissed, without costs. There is no such judgment contained in the record. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.

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Action by plaintiff to recover damages for personal injuries sustained as the result of a fall on an excavated portion of a sidewalk. Defendant Raphael Iovino sought recovery over as against the corporate defendants on the grounds that they were the primary wrongdoers in failing to barricade the location after he had completed his work and that they had breached a contract obligating them to procure liability insurance for him. The appeal is by the two corporate defendants from a judgment in favor of plaintiff and against them and the codefendant Iovino, and in favor of the eodefendant Iovino and against them, which judgment was entered on the 13th day of March, 1941; and from an order amending the judgment theretofore entered. Judgment and order unanimously affirmed, with costs to plaintiff and to defendant Iovino. No opinion. That part of the appeal which purports to be from a judgment as amended by the order is dismissed, without costs. There is no such judgment contained in the record. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.

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Bluebook (online)

264 A.D. 771, 34 N.Y.S.2d 681, 1942 N.Y. App. Div. LEXIS 4662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abdy-v-m-j-ohara-contracting-co-nyappdiv-1942.