Carvainis v. Montefiore Hospital for Chronic Diseases

Appellate Division of the Supreme Court of New York

Carvainis v. Montefiore Hospital for Chronic Diseases

9 A.D.2d 735, 192 N.Y.S.2d 436, 1959 N.Y. App. Div. LEXIS 6342

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

DecidedNovember 4, 1959

StatusPublished

This text of 9 A.D.2d 735 (Carvainis v. Montefiore Hospital for Chronic Diseases) 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

Carvainis v. Montefiore Hospital for Chronic Diseases, 9 A.D.2d 735, 192 N.Y.S.2d 436, 1959 N.Y. App. Div. LEXIS 6342 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order so far as appealed from unanimously affirmed, without costs. As we construe the third-party complaint the third-party plaintiff could be found guilty merely of secondary negligence whereas the third-party defendant could be found guilty of primary negligence. In the circumstances the third-party complaint should not be dismissed. Concur-— Breitel, J. P., Rabin, M. M. Frank, McNally and Stevens, JJ.

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Order so far as appealed from unanimously affirmed, without costs. As we construe the third-party complaint the third-party plaintiff could be found guilty merely of secondary negligence whereas the third-party defendant could be found guilty of primary negligence. In the circumstances the third-party complaint should not be dismissed. Concur-— Breitel, J. P., Rabin, M. M. Frank, McNally and Stevens, JJ.

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Bluebook (online)

9 A.D.2d 735, 192 N.Y.S.2d 436, 1959 N.Y. App. Div. LEXIS 6342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carvainis-v-montefiore-hospital-for-chronic-diseases-nyappdiv-1959.