Eide v. Board of Education of Union Free School District No. 24

Appellate Division of the Supreme Court of New York

Eide v. Board of Education of Union Free School District No. 24

11 A.D.2d 794, 204 N.Y.S.2d 894, 1960 N.Y. App. Div. LEXIS 8604

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

DecidedJuly 11, 1960

StatusPublished

This text of 11 A.D.2d 794 (Eide v. Board of Education of Union Free School District No. 24) 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

Eide v. Board of Education of Union Free School District No. 24, 11 A.D.2d 794, 204 N.Y.S.2d 894, 1960 N.Y. App. Div. LEXIS 8604 (N.Y. Ct. App. 1960).

Pincite

Opinion

— In an action to recover damages for wrongful death and for conscious pain and suffering, arising out of the alleged negligence of defendants, the defendant and third-party plaintiff, the Board of Education, appeals from an order of the Supreme Court, Suffolk County, entered September 14, 1959, granting, with leave to plead over, the third-party defendant’s motion to dismiss the third-party complaint. Order reversed on the law, with $10 costs and disbursements, and motion denied. In our opinion, the allegations of the main complaint are sufficiently inclusive to permit a recovery by plaintiff against the said defendant and third-party plaintiff based upon its passive negligence and upon the primary active negligence of the third-party defendant, both of which are sufficiently pleaded, at least in the second cause of action contained in the third-party complaint. Under such circumstances, the third-party complaint should not have been dismissed (Weisman v. Hymns, 5 A D 2d 1000). Nolan, P. J., Beldoek, Christ and Brennan, JJ., concur.

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— In an action to recover damages for wrongful death and for conscious pain and suffering, arising out of the alleged negligence of defendants, the defendant and third-party plaintiff, the Board of Education, appeals from an order of the Supreme Court, Suffolk County, entered September 14, 1959, granting, with leave to plead over, the third-party defendant’s motion to dismiss the third-party complaint. Order reversed on the law, with $10 costs and disbursements, and motion denied. In our opinion, the allegations of the main complaint are sufficiently inclusive to permit a recovery by plaintiff against the said defendant and third-party plaintiff based upon its passive negligence and upon the primary active negligence of the third-party defendant, both of which are sufficiently pleaded, at least in the second cause of action contained in the third-party complaint. Under such circumstances, the third-party complaint should not have been dismissed (Weisman v. Hymns, 5 A D 2d 1000). Nolan, P. J., Beldoek, Christ and Brennan, JJ., concur.

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Bluebook (online)

11 A.D.2d 794, 204 N.Y.S.2d 894, 1960 N.Y. App. Div. LEXIS 8604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eide-v-board-of-education-of-union-free-school-district-no-24-nyappdiv-1960.