Central Hudson Gas & Electric Corp. v. V. J. Costanzi, Inc.

Appellate Division of the Supreme Court of New York

Central Hudson Gas & Electric Corp. v. V. J. Costanzi, Inc.

281 A.D. 905, 120 N.Y.S.2d 72, 1953 N.Y. App. Div. LEXIS 3739

Appellate Division of the Supreme Court of the State of New York·Decided March 30, 1953·Published·Cited by 1 cases

Opinion

In an action by a third party to recover the amount of a judgment and expenses as against an alleged primary wrongdoer, order denying motion to dismiss the second cause for insufficiency reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs. It appears from the face of the complaint that the utility corporation was guilty of active negligence in failing to give warning of the dangerous condition, which was of its own making. (Cf. Schwartz v. Merola Bros. Gonstr. Gorp., 290 H. T. 145, 156.) Holán, P. J., Carswell, Adel, MacCrate and Beldoek, JJ., concur. [See post, p. 1036.]

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In an action by a third party to recover the amount of a judgment and expenses as against an alleged primary wrongdoer, order denying motion to dismiss the second cause for insufficiency reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs. It appears from the face of the complaint that the utility corporation was guilty of active negligence in failing to give warning of the dangerous condition, which was of its own making. (Cf. Schwartz v. Merola Bros. Gonstr. Gorp., 290 H. T. 145, 156.) Holán, P. J., Carswell, Adel, MacCrate and Beldoek, JJ., concur. [See post, p. 1036.]

Central Hudson Gas & Electric Corp. v. V. J. Costanzi, Inc., 281 A.D. 905, 120 N.Y.S.2d 72, 1953 N.Y. App. Div. LEXIS 3739 (N.Y. Ct. App. 1953).

Pincite

281 A.D. 905 (Central Hudson Gas & Electric Corp. v. V. J. Costanzi, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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