Dorausch v. 200 East 74th Street Corp.

Appellate Division of the Supreme Court of New York

Dorausch v. 200 East 74th Street Corp.

27 A.D.2d 950, 282 N.Y.S.2d 188, 1967 N.Y. App. Div. LEXIS 4369

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

DecidedApril 24, 1967

StatusPublished

This text of 27 A.D.2d 950 (Dorausch v. 200 East 74th Street Corp.) 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

Dorausch v. 200 East 74th Street Corp., 27 A.D.2d 950, 282 N.Y.S.2d 188, 1967 N.Y. App. Div. LEXIS 4369 (N.Y. Ct. App. 1967).

Pincite

Opinion

Judgment of the Supreme Court, Queens County, entered July 1, 1966, modified, on the law and the facts, by (1) striking out so much thereof as is in favor of plaintiff against defendants 200 East 74th Street Corporation and Estate of Peter A. H. Jackson, Inc., and so much thereof as is in favor of said defendants against defendant Primak & Schechtman, Inc. and (2) providing in lieu thereof that (a) plaintiff’s complaint insofar as it is against the first two defendants hereinabove mentioned and (b) said defendants’ cross complaint against defendant Primak & Schechtman, Inc., are dismissed. As so modified, judgment affirmed insofar as appealed from, with costs to the prevailing appellants against plaintiff and with costs to plaintiff against defendant Primak & Schechtman, Inc. Findings of fact contained or implicit in the trial court’s decision which are inconsistent herewith are reversed and new findings are made as indicated herein. We find that the circumstances surrounding the accident are insufficient to hold the owner and the general contractor liable for negligence; they did not have any actual knowledge as to the facts attending the mishap in question (Basciano v. Fuller Co., 3 A D 2d 14). Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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Judgment of the Supreme Court, Queens County, entered July 1, 1966, modified, on the law and the facts, by (1) striking out so much thereof as is in favor of plaintiff against defendants 200 East 74th Street Corporation and Estate of Peter A. H. Jackson, Inc., and so much thereof as is in favor of said defendants against defendant Primak & Schechtman, Inc. and (2) providing in lieu thereof that (a) plaintiff’s complaint insofar as it is against the first two defendants hereinabove mentioned and (b) said defendants’ cross complaint against defendant Primak & Schechtman, Inc., are dismissed. As so modified, judgment affirmed insofar as appealed from, with costs to the prevailing appellants against plaintiff and with costs to plaintiff against defendant Primak & Schechtman, Inc. Findings of fact contained or implicit in the trial court’s decision which are inconsistent herewith are reversed and new findings are made as indicated herein. We find that the circumstances surrounding the accident are insufficient to hold the owner and the general contractor liable for negligence; they did not have any actual knowledge as to the facts attending the mishap in question (Basciano v. Fuller Co., 3 A D 2d 14). Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

27 A.D.2d 950, 282 N.Y.S.2d 188, 1967 N.Y. App. Div. LEXIS 4369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorausch-v-200-east-74th-street-corp-nyappdiv-1967.