Arbour Heights, Inc. v. Norman

Appellate Division of the Supreme Court of New York

Arbour Heights, Inc. v. Norman

39 A.D.2d 836, 333 N.Y.S.2d 98, 1972 N.Y. App. Div. LEXIS 4442

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

DecidedMay 31, 1972

StatusPublished

Cited by2 cases

This text of 39 A.D.2d 836 (Arbour Heights, Inc. v. Norman) 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

Arbour Heights, Inc. v. Norman, 39 A.D.2d 836, 333 N.Y.S.2d 98, 1972 N.Y. App. Div. LEXIS 4442 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order unanimously affirmed, with costs. Memorandum: Special Term properly dismissed defendant’s complaint against Oliva who is plaintiff’s agent. Plaintiff is chargeable with the knowledge and conduct of his agent through whom he acted (Koslovki v. International Heater Co., 75 App. Div. 60, affd. 178 N. Y. 631). ¶ Proof of Oliva’s knowledge and conduct might defeat plaintiff’s claim against defendant but could not subject Oliva to third-party liability to defendant. Dole v. Dow Chem. Co. (30 N Y 2d 143) is not applicable. (Appeal from order of Onondaga Special Term dismissing third-party complaint in negligence action.) Present—Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Moule, JJ.

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Order unanimously affirmed, with costs. Memorandum: Special Term properly dismissed defendant’s complaint against Oliva who is plaintiff’s agent. Plaintiff is chargeable with the knowledge and conduct of his agent through whom he acted (Koslovki v. International Heater Co., 75 App. Div. 60, affd. 178 N. Y. 631). ¶ Proof of Oliva’s knowledge and conduct might defeat plaintiff’s claim against defendant but could not subject Oliva to third-party liability to defendant. Dole v. Dow Chem. Co. (30 N Y 2d 143) is not applicable. (Appeal from order of Onondaga Special Term dismissing third-party complaint in negligence action.) Present—Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Moule, JJ.

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Bluebook (online)

39 A.D.2d 836, 333 N.Y.S.2d 98, 1972 N.Y. App. Div. LEXIS 4442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arbour-heights-inc-v-norman-nyappdiv-1972.

Opinion

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