De Carlo v. Falco

New York Court of Appeals

De Carlo v. Falco

168 N.E.2d 132, 8 N.Y.2d 791

CourtNew York Court of Appeals

DecidedApril 29, 1960

StatusPublished

Cited by1 cases

This text of 168 N.E.2d 132 (De Carlo v. Falco) 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

De Carlo v. Falco, 168 N.E.2d 132, 8 N.Y.2d 791 (N.Y. 1960).

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Opinion

Judgment modified by dismissing the complaint as to defendants Palios and, as so modified, affirmed, with costs to defendants Palios. The proof of Steve Palios ’ conduct, precipitated as it was by an emergency not of Ms own making, was as a matter of law insufficient to create liability (see Meyer v. Whisnant, 307 N. Y. 369; Andersen v. Bee Line, 1 N Y 2d 169). No opimon.

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

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Judgment modified by dismissing the complaint as to defendants Palios and, as so modified, affirmed, with costs to defendants Palios. The proof of Steve Palios ’ conduct, precipitated as it was by an emergency not of Ms own making, was as a matter of law insufficient to create liability (see Meyer v. Whisnant, 307 N. Y. 369; Andersen v. Bee Line, 1 N Y 2d 169). No opimon.

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

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Bluebook (online)

168 N.E.2d 132, 8 N.Y.2d 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-carlo-v-falco-ny-1960.

Opinion

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