Labate v. Fort Tryon Apartments, Inc.

Appellate Division of the Supreme Court of New York

Labate v. Fort Tryon Apartments, Inc.

2 A.D.2d 960, 157 N.Y.S.2d 204, 1956 N.Y. App. Div. LEXIS 3581

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

DecidedDecember 11, 1956

StatusPublished

This text of 2 A.D.2d 960 (Labate v. Fort Tryon Apartments, Inc.) 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

Labate v. Fort Tryon Apartments, Inc., 2 A.D.2d 960, 157 N.Y.S.2d 204, 1956 N.Y. App. Div. LEXIS 3581 (N.Y. Ct. App. 1956).

Pincite

Opinion

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, with leave to the third-party plaintiff to replead. If plaintiff should prevail upon the allegations of his complaint against the third-party plaintiff, there would be no basis for a claim over against the third-party defendant-appellant. The allegations of the complaint charge the third-party plaintiff with active negligence and primary responsibility for an unsafe brick wall which it had constructed. There is no factual statement or theory of liability asserted against the third-party plaintiff which would warrant the imposition of liability on the third-party plaintiff based on passive negligence or secondary or derivative responsibility from any fault of the third-party defendant-appellant. The pleadings do not set forth any facts upon which liability could be found against the third-party plaintiff which would warrant a shifting of that liability to the third-party defendant. Concur — Peek, P. J., Breitel, Cox, Frank and Valente, JJ.

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Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, with leave to the third-party plaintiff to replead. If plaintiff should prevail upon the allegations of his complaint against the third-party plaintiff, there would be no basis for a claim over against the third-party defendant-appellant. The allegations of the complaint charge the third-party plaintiff with active negligence and primary responsibility for an unsafe brick wall which it had constructed. There is no factual statement or theory of liability asserted against the third-party plaintiff which would warrant the imposition of liability on the third-party plaintiff based on passive negligence or secondary or derivative responsibility from any fault of the third-party defendant-appellant. The pleadings do not set forth any facts upon which liability could be found against the third-party plaintiff which would warrant a shifting of that liability to the third-party defendant. Concur — Peek, P. J., Breitel, Cox, Frank and Valente, JJ.

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Bluebook (online)

2 A.D.2d 960, 157 N.Y.S.2d 204, 1956 N.Y. App. Div. LEXIS 3581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labate-v-fort-tryon-apartments-inc-nyappdiv-1956.