Katapodis v. La Salle Trucking Corp.

New York Court of Appeals

Katapodis v. La Salle Trucking Corp.

56 N.E.2d 562, 293 N.Y. 229, 1944 N.Y. LEXIS 1308

CourtNew York Court of Appeals

DecidedJuly 19, 1944

StatusPublished

Cited by4 cases

This text of 56 N.E.2d 562 (Katapodis v. La Salle Trucking Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Katapodis v. La Salle Trucking Corp., 56 N.E.2d 562, 293 N.Y. 229, 1944 N.Y. LEXIS 1308 (N.Y. 1944).

Pincite

Opinion

Per Curiam.

The judgment in favor of the plaintiff and against the defendants, Ridge Contracting Co., Inc., and La Salle Trucking Corporation should be affirmed, with costs. On this record we think it was error for the Appellate Division to reverse the judgment of Trial Term as to the defendant Ridge-lawn Homes; Inc. From the nature of the work — involving the backing of heavy dump trucks across a public sidewalk — a question of fact was presented whether the duty imposed upon *233 the owner of the property was nondelegable and whether the owner met the standard of care thus required. (Boylhart v. Di Marco & Reimann, Inc., 270 N. Y. 217, 221; Schwartz v. Merola Bros. Construction Corp., 290 N. Y. 145, 152.) The plaintiff should be granted a new trial as against the defendant Ridgelawn Homes, Inc., with costs to abide the event.

As to the defendants Ridge Contracting Company, Inc., and La Salle Trucking Corporation, the judgment should be affirmed, with costs; as to the defendant Ridgelawn Homes, Inc., the judgments should be reversed and a new trial granted, with costs to abide the event.

Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur; Lehman, Ch. J., dissents as to Ridge-lawn Homes, Inc., and votes to affirm.

Judgment accordingly.

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Per Curiam.

The judgment in favor of the plaintiff and against the defendants, Ridge Contracting Co., Inc., and La Salle Trucking Corporation should be affirmed, with costs. On this record we think it was error for the Appellate Division to reverse the judgment of Trial Term as to the defendant Ridge-lawn Homes; Inc. From the nature of the work — involving the backing of heavy dump trucks across a public sidewalk — a question of fact was presented whether the duty imposed upon *233 the owner of the property was nondelegable and whether the owner met the standard of care thus required. (Boylhart v. Di Marco & Reimann, Inc., 270 N. Y. 217, 221; Schwartz v. Merola Bros. Construction Corp., 290 N. Y. 145, 152.) The plaintiff should be granted a new trial as against the defendant Ridgelawn Homes, Inc., with costs to abide the event.

As to the defendants Ridge Contracting Company, Inc., and La Salle Trucking Corporation, the judgment should be affirmed, with costs; as to the defendant Ridgelawn Homes, Inc., the judgments should be reversed and a new trial granted, with costs to abide the event.

Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur; Lehman, Ch. J., dissents as to Ridge-lawn Homes, Inc., and votes to affirm.

Judgment accordingly.

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Bluebook (online)

56 N.E.2d 562, 293 N.Y. 229, 1944 N.Y. LEXIS 1308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katapodis-v-la-salle-trucking-corp-ny-1944.

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