Kelley v. Hitzig

Appellate Terms of the Supreme Court of New York

Kelley v. Hitzig

86 Misc. 42

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 16, 1973

StatusPublished

This text of 86 Misc. 42 (Kelley v. Hitzig) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelley v. Hitzig, 86 Misc. 42 (N.Y. Ct. App. 1973).

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Opinion

Memorandum. Judgment of the court below (see 71 Misc 2d 329) is affirmed, without costs.

The evidence was sufficient to support the finding of negligence on the part of defendant. (See Shuffian v Garfola, 9 AD2d 910.) While we are not in complete agreement with the trial court’s rationale in holding third-party defendant liable, the result was proper. (See Dole v Dow Chem. Co., 30 NY2d 143, 153.)

Concur: Hogan, P.J., Pittoni and McCullough, JJ.

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Memorandum. Judgment of the court below (see 71 Misc 2d 329) is affirmed, without costs.

The evidence was sufficient to support the finding of negligence on the part of defendant. (See Shuffian v Garfola, 9 AD2d 910.) While we are not in complete agreement with the trial court’s rationale in holding third-party defendant liable, the result was proper. (See Dole v Dow Chem. Co., 30 NY2d 143, 153.)

Concur: Hogan, P.J., Pittoni and McCullough, JJ.

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Bluebook (online)

86 Misc. 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelley-v-hitzig-nyappterm-1973.

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