Forese v. Brooklyn Union Gas Co.

Appellate Division of the Supreme Court of New York

Forese v. Brooklyn Union Gas Co.

51 A.D.2d 796, 380 N.Y.S.2d 65, 1976 N.Y. App. Div. LEXIS 11370

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

DecidedFebruary 23, 1976

StatusPublished

This text of 51 A.D.2d 796 (Forese v. Brooklyn Union Gas Co.) 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

Forese v. Brooklyn Union Gas Co., 51 A.D.2d 796, 380 N.Y.S.2d 65, 1976 N.Y. App. Div. LEXIS 11370 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action to recover damages for wrongful death and loss of services, defendant third-party plaintiff Brooklyn Union Gas Company appeals from a-judgment of the Supreme Court, Kings County, entered March 10, 1975, upon a jury verdict, which (1) is in favor of plaintiff and against it in the main action and (2) is against it and in favor of the third-party defendant in the third-party action. Judgment affirmed, with one bill of costs to plaintiff-respondent only. In our view there was sufficient evidence in the record to support findings that (1) the decedent’s death was caused by methane from a seepage of natural gas which was under.the exclusive control of the Brooklyn Union Gas Company and (2) such gas company was negligent in failing to exercise due care and diligence in order to keep its gas under control and to prevent it from escaping into areas in which it could cause injury. Cohalan, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for wrongful death and loss of services, defendant third-party plaintiff Brooklyn Union Gas Company appeals from a-judgment of the Supreme Court, Kings County, entered March 10, 1975, upon a jury verdict, which (1) is in favor of plaintiff and against it in the main action and (2) is against it and in favor of the third-party defendant in the third-party action. Judgment affirmed, with one bill of costs to plaintiff-respondent only. In our view there was sufficient evidence in the record to support findings that (1) the decedent’s death was caused by methane from a seepage of natural gas which was under.the exclusive control of the Brooklyn Union Gas Company and (2) such gas company was negligent in failing to exercise due care and diligence in order to keep its gas under control and to prevent it from escaping into areas in which it could cause injury. Cohalan, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.2d 796, 380 N.Y.S.2d 65, 1976 N.Y. App. Div. LEXIS 11370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forese-v-brooklyn-union-gas-co-nyappdiv-1976.