De Rasmo v. Long Island Lighting Co.

New York Court of Appeals

De Rasmo v. Long Island Lighting Co.

229 N.E.2d 57, 20 N.Y.2d 665, 282 N.Y.S.2d 276, 1967 N.Y. LEXIS 1363

DecidedJune 15, 1967

StatusPublished

This text of 229 N.E.2d 57 (De Rasmo v. Long Island Lighting Co.) 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 Rasmo v. Long Island Lighting Co., 229 N.E.2d 57, 20 N.Y.2d 665, 282 N.Y.S.2d 276, 1967 N.Y. LEXIS 1363 (N.Y. 1967).

Pincite

Opinion

Judgment affirmed, with costs to plaintiff against defendant Long Island Lighting Company and with costs to each [668]*668third-party respondent against the corresponding third-party appellant; no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating and Breitel. Judge Van Voorhis dissents, in part, and votes to reverse and to dismiss the complaint as to defendant Tanwood upon the ground that no actionable negligence has been shown upon its part. Moreover, if defendant Tanwood were to be chargeable with negligence, as the court is holding, it would necessarily be active negligence which would preclude indemnification from the Long Island Lighting Company.

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Judgment affirmed, with costs to plaintiff against defendant Long Island Lighting Company and with costs to each [668]*668third-party respondent against the corresponding third-party appellant; no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating and Breitel. Judge Van Voorhis dissents, in part, and votes to reverse and to dismiss the complaint as to defendant Tanwood upon the ground that no actionable negligence has been shown upon its part. Moreover, if defendant Tanwood were to be chargeable with negligence, as the court is holding, it would necessarily be active negligence which would preclude indemnification from the Long Island Lighting Company.

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Bluebook (online)

229 N.E.2d 57, 20 N.Y.2d 665, 282 N.Y.S.2d 276, 1967 N.Y. LEXIS 1363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-rasmo-v-long-island-lighting-co-ny-1967.