Calderone v. R & C Homes, Inc.

Appellate Division of the Supreme Court of New York

Calderone v. R & C Homes, Inc.

30 A.D.2d 662, 291 N.Y.S.2d 838, 1968 N.Y. App. Div. LEXIS 3840

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

DecidedJune 3, 1968

StatusPublished

This text of 30 A.D.2d 662 (Calderone v. R & C Homes, 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

Calderone v. R & C Homes, Inc., 30 A.D.2d 662, 291 N.Y.S.2d 838, 1968 N.Y. App. Div. LEXIS 3840 (N.Y. Ct. App. 1968).

Pincite

Opinion

In an action to recover damages for property injury, the appeal is from a judgment of the Supreme Court, Queens County, entered March 20, 1967 against appellant upon a jury verdict. Judgment reversed, on the law and on the facts, and complaint dismissed, with costs. Respondent’s marine railway was damaged when a barge used by defendant R & C Homes, Inc., in connection with the construction of a bulkhead on appellant’s property broke loose during a storm. Respondent failed to disprove that the relationship between R & C Homes, Inc., and appellant was one of employer-independent contractor, or to prove that the work to be performed was inherently dangerous (Schwartz v. Merola Bros. Constr. Corp., 290 N. Y. 145; Lockowitz v. Melnyk, 1 A D 2d 138). We are of the further opinion that the accident was not reasonably foreseeable by the appellant. Brennan, Acting P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.

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In an action to recover damages for property injury, the appeal is from a judgment of the Supreme Court, Queens County, entered March 20, 1967 against appellant upon a jury verdict. Judgment reversed, on the law and on the facts, and complaint dismissed, with costs. Respondent’s marine railway was damaged when a barge used by defendant R & C Homes, Inc., in connection with the construction of a bulkhead on appellant’s property broke loose during a storm. Respondent failed to disprove that the relationship between R & C Homes, Inc., and appellant was one of employer-independent contractor, or to prove that the work to be performed was inherently dangerous (Schwartz v. Merola Bros. Constr. Corp., 290 N. Y. 145; Lockowitz v. Melnyk, 1 A D 2d 138). We are of the further opinion that the accident was not reasonably foreseeable by the appellant. Brennan, Acting P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

30 A.D.2d 662, 291 N.Y.S.2d 838, 1968 N.Y. App. Div. LEXIS 3840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calderone-v-r-c-homes-inc-nyappdiv-1968.

Opinion

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