American Mutual Liability Insurance v. Niagara Mohawk Power Corp.

Appellate Division of the Supreme Court of New York

American Mutual Liability Insurance v. Niagara Mohawk Power Corp.

28 A.D.2d 1199, 284 N.Y.S.2d 738, 1967 N.Y. App. Div. LEXIS 2937

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

DecidedNovember 28, 1967

StatusPublished

Cited by1 cases

This text of 28 A.D.2d 1199 (American Mutual Liability Insurance v. Niagara Mohawk Power Corp.) 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

American Mutual Liability Insurance v. Niagara Mohawk Power Corp., 28 A.D.2d 1199, 284 N.Y.S.2d 738, 1967 N.Y. App. Div. LEXIS 2937 (N.Y. Ct. App. 1967).

Pincite

Opinion

Herlihy, J. P.

[1200]*1200Herlihy, J. P., Aulisi and Gabrielli, JJ., concur in memorandum by Herlihy, J. P.; Reynolds, J., concurs in a separate memorandum, in which Staley, Jr., J., concurs. Reynolds, J., (concurring). We agree with the result only for the same reason given by the majority that we feel bound by Juba v. General Bldrs. Supply Corp. (7 N Y 2d 48) but it is obvious that an injustice is being done here reading the statute as a whole and we do not think the Legislature ever intended such a, construction of the statute which would allow a negligent third party to escape as under the present facts. But if the respondent is to have relief it must be in the Court of Appeals. [51 Misc 2d 940.]

Free access — add to your briefcase to read the full text and ask questions with AI

Herlihy, J. P.

[1200]*1200Herlihy, J. P., Aulisi and Gabrielli, JJ., concur in memorandum by Herlihy, J. P.; Reynolds, J., concurs in a separate memorandum, in which Staley, Jr., J., concurs. Reynolds, J., (concurring). We agree with the result only for the same reason given by the majority that we feel bound by Juba v. General Bldrs. Supply Corp. (7 N Y 2d 48) but it is obvious that an injustice is being done here reading the statute as a whole and we do not think the Legislature ever intended such a, construction of the statute which would allow a negligent third party to escape as under the present facts. But if the respondent is to have relief it must be in the Court of Appeals. [51 Misc 2d 940.]

Cite This Page — Counsel Stack

Bluebook (online)

28 A.D.2d 1199, 284 N.Y.S.2d 738, 1967 N.Y. App. Div. LEXIS 2937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-mutual-liability-insurance-v-niagara-mohawk-power-corp-nyappdiv-1967.

Opinion

Related

Cite This Page — Counsel Stack