Monacelli v. Armstrong

406 N.E.2d 804, 49 N.Y.2d 971, 428 N.Y.S.2d 949, 1980 N.Y. LEXIS 2321
New York Court of Appeals·Decided April 24, 1980·Published·Cited by 2 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion by Mr. Justice Reid S. Moule insofar as that opinion relates to the defendants Van Gelder and the Chili Fire Department.

As there was no showing of negligence, proximate cause, or foreseeability, summary judgment was properly granted to these defendants.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

[973] Order affirmed, with costs, in a memorandum.

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Monacelli v. Armstrong, 406 N.E.2d 804, 49 N.Y.2d 971, 428 N.Y.S.2d 949, 1980 N.Y. LEXIS 2321 (N.Y. 1980).

406 N.E.2d 804 (Monacelli v. Armstrong) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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