Allegretti v. Mancuso

New York Court of Appeals

Allegretti v. Mancuso

307 N.E.2d 561, 33 N.Y.2d 882, 352 N.Y.S.2d 444, 1973 N.Y. LEXIS 903

CourtNew York Court of Appeals

DecidedDecember 27, 1973

StatusPublished

Cited by5 cases

This text of 307 N.E.2d 561 (Allegretti v. Mancuso) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allegretti v. Mancuso, 307 N.E.2d 561, 33 N.Y.2d 882, 352 N.Y.S.2d 444, 1973 N.Y. LEXIS 903 (N.Y. 1973).

Pincite

Opinion

Order affirmed, without costs, in the following'memorandum: Plaintiff’s application, in his present action to recover for personal injuries, to compel MVAJC to defend the action on behalf of the defendant truck driver is held to have begun a separate special proceeding as to MVAIC. Accordingly the order of the Appellate Division affirming the denial of that application is a final order within the so-called third-party finality principle (Cohen and Karger, Powers of the New York Court of Appeals, rev. ed., § 45 et seq.). On consideration on the merits the order of the Appellate Division is affirmed.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.

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Order affirmed, without costs, in the following'memorandum: Plaintiff’s application, in his present action to recover for personal injuries, to compel MVAJC to defend the action on behalf of the defendant truck driver is held to have begun a separate special proceeding as to MVAIC. Accordingly the order of the Appellate Division affirming the denial of that application is a final order within the so-called third-party finality principle (Cohen and Karger, Powers of the New York Court of Appeals, rev. ed., § 45 et seq.). On consideration on the merits the order of the Appellate Division is affirmed.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.

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Bluebook (online)

307 N.E.2d 561, 33 N.Y.2d 882, 352 N.Y.S.2d 444, 1973 N.Y. LEXIS 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allegretti-v-mancuso-ny-1973.

Opinion

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