Berg v. Town of Huntington

New York Court of Appeals

Berg v. Town of Huntington

164 N.E.2d 871, 7 N.Y.2d 871

DecidedDecember 30, 1959

StatusPublished

This text of 164 N.E.2d 871 (Berg v. Town of Huntington) 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

Berg v. Town of Huntington, 164 N.E.2d 871, 7 N.Y.2d 871 (N.Y. 1959).

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Opinion

Judgment affirmed, with costs. Since the town may here be held liable in damages to plaintiff only on evidence that it was guilty solely of active negligence, the town is not privileged to proceed against other alleged tort-feasors. Consequently, its cross claim and third-party complaint were properly dismissed. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.

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Judgment affirmed, with costs. Since the town may here be held liable in damages to plaintiff only on evidence that it was guilty solely of active negligence, the town is not privileged to proceed against other alleged tort-feasors. Consequently, its cross claim and third-party complaint were properly dismissed. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.

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Bluebook (online)

164 N.E.2d 871, 7 N.Y.2d 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berg-v-town-of-huntington-ny-1959.