Focacci v. City of New York

Appellate Division of the Supreme Court of New York

Focacci v. City of New York

2 A.D.2d 902, 157 N.Y.S.2d 280, 1956 N.Y. App. Div. LEXIS 3747

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

DecidedNovember 26, 1956

StatusPublished

This text of 2 A.D.2d 902 (Focacci v. City of New York) 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

Focacci v. City of New York, 2 A.D.2d 902, 157 N.Y.S.2d 280, 1956 N.Y. App. Div. LEXIS 3747 (N.Y. Ct. App. 1956).

Pincite

Opinion

In an action to recover damages for personal injuries alleged to have been sustained in the course of plaintiff’s employment, appellant served a third-party complaint on respondent, plaintiff’s employer. The appeal is from an order granting respondent’s motion to dismiss the third-party complaint for insufficiency, and from the judgment entered thereon. Order modified by striking therefrom everything following the words “ said third party defendant ” and by adding thereto the words “ with leave to Martin Epstein Company, Inc., to serve an amended third-party complaint.” As so modified, order unanimously affirmed, with $10 costs and disbursements to respondent. The amended third-party complaint is to be served, if appellant be so advised, within 20 days after entry of the order hereon. Judgment vacated, without costs. The present third-party complaint fails to state facts from which it could be determined that appellant is other than a joint tort-feasor in pari delicto with respondent. Present—• Nolan, P. J., Wenzel, Beldoek, Murphy and Hallinan, JJ.

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In an action to recover damages for personal injuries alleged to have been sustained in the course of plaintiff’s employment, appellant served a third-party complaint on respondent, plaintiff’s employer. The appeal is from an order granting respondent’s motion to dismiss the third-party complaint for insufficiency, and from the judgment entered thereon. Order modified by striking therefrom everything following the words “ said third party defendant ” and by adding thereto the words “ with leave to Martin Epstein Company, Inc., to serve an amended third-party complaint.” As so modified, order unanimously affirmed, with $10 costs and disbursements to respondent. The amended third-party complaint is to be served, if appellant be so advised, within 20 days after entry of the order hereon. Judgment vacated, without costs. The present third-party complaint fails to state facts from which it could be determined that appellant is other than a joint tort-feasor in pari delicto with respondent. Present—• Nolan, P. J., Wenzel, Beldoek, Murphy and Hallinan, JJ.

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Bluebook (online)

2 A.D.2d 902, 157 N.Y.S.2d 280, 1956 N.Y. App. Div. LEXIS 3747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/focacci-v-city-of-new-york-nyappdiv-1956.