Jasenzak v. Schipp

Appellate Division of the Supreme Court of New York

Jasenzak v. Schipp

278 A.D. 660, 102 N.Y.S.2d 473, 1951 N.Y. App. Div. LEXIS 4259

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

DecidedFebruary 13, 1951

StatusPublished

Cited by1 cases

This text of 278 A.D. 660 (Jasenzak v. Schipp) 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

Jasenzak v. Schipp, 278 A.D. 660, 102 N.Y.S.2d 473, 1951 N.Y. App. Div. LEXIS 4259 (N.Y. Ct. App. 1951).

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Opinion

In an action to recover damages for wrongful death, as a result of the negligent repair of a chimney flue, in that it was blocked and caused an accumulation of poisonous gases, order granting respondent’s motion to dismiss the complaint as to him, and the judgment entered thereon, reversed on the law, with $10 costs and disbursements, and the motion, under rule 106 of the Rules of Civil Practice, to dismiss the complaint for insufficiency, denied, without costs. The complaint sufficiently alleges affirmative negligence for which the contractor may be liable, notwithstanding that the injuries were not those of the contractee. (Brown v. Welsbaeh Gorp., 301 N. Y. 202; Adams V. White Gonstr. Co., 299 N. Y. 641.) Nolan, P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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In an action to recover damages for wrongful death, as a result of the negligent repair of a chimney flue, in that it was blocked and caused an accumulation of poisonous gases, order granting respondent’s motion to dismiss the complaint as to him, and the judgment entered thereon, reversed on the law, with $10 costs and disbursements, and the motion, under rule 106 of the Rules of Civil Practice, to dismiss the complaint for insufficiency, denied, without costs. The complaint sufficiently alleges affirmative negligence for which the contractor may be liable, notwithstanding that the injuries were not those of the contractee. (Brown v. Welsbaeh Gorp., 301 N. Y. 202; Adams V. White Gonstr. Co., 299 N. Y. 641.) Nolan, P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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Bluebook (online)

278 A.D. 660, 102 N.Y.S.2d 473, 1951 N.Y. App. Div. LEXIS 4259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jasenzak-v-schipp-nyappdiv-1951.

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