Bunchez v. Astoria-Star Welding Service, Inc.

Appellate Division of the Supreme Court of New York

Bunchez v. Astoria-Star Welding Service, Inc.

1 A.D.2d 947, 150 N.Y.S.2d 760, 1956 N.Y. App. Div. LEXIS 5686

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

DecidedApril 24, 1956

StatusPublished

This text of 1 A.D.2d 947 (Bunchez v. Astoria-Star Welding Service, Inc.) 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

Bunchez v. Astoria-Star Welding Service, Inc., 1 A.D.2d 947, 150 N.Y.S.2d 760, 1956 N.Y. App. Div. LEXIS 5686 (N.Y. Ct. App. 1956).

Pincite

Opinion

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. The third-party complaint is legally sufficient. Upon all the pleadings, a triable issue is presented as to whether the sole proximate cause of the accident was the primary or active negligence of the third-party defendant and whether the negligence, if any, of the third-party plaintiff was secondary or passive. Concur — Breitel, J. P., Rabin, Cox, Frank and Bastow, JJ.

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Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. The third-party complaint is legally sufficient. Upon all the pleadings, a triable issue is presented as to whether the sole proximate cause of the accident was the primary or active negligence of the third-party defendant and whether the negligence, if any, of the third-party plaintiff was secondary or passive. Concur — Breitel, J. P., Rabin, Cox, Frank and Bastow, JJ.

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Bluebook (online)

1 A.D.2d 947, 150 N.Y.S.2d 760, 1956 N.Y. App. Div. LEXIS 5686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bunchez-v-astoria-star-welding-service-inc-nyappdiv-1956.