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

New York Court of Appeals·Decided December 27, 1973·Published·Cited by 5 cases

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.

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).

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307 N.E.2d 561 (Allegretti v. Mancuso) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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