Nowak v. Gretsch Building Number Four, Inc.

Appellate Division of the Supreme Court of New York

Nowak v. Gretsch Building Number Four, Inc.

20 A.D.2d 793, 248 N.Y.S.2d 278, 1964 N.Y. App. Div. LEXIS 4277

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

DecidedMarch 2, 1964

StatusPublished

This text of 20 A.D.2d 793 (Nowak v. Gretsch Building Number Four, 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

Nowak v. Gretsch Building Number Four, Inc., 20 A.D.2d 793, 248 N.Y.S.2d 278, 1964 N.Y. App. Div. LEXIS 4277 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a consolidated action wherein the five main plaintiffs seek damages for personal injury as a consequence of the fall of a passenger elevator, serviced by defendant Maintenance Co., Inc., and located in a building owned and controlled by defendant Gretsch Building Number Four, Inc., the defendant Gretsch as third-party plaintiff appeals from an order of the Supreme Court, Kings County, dated July 23, 1963, which denied its motion to serve an amended cross complaint or third-party complaint in the consolidated action upon Maintenance, as third-party defendant, and which granted the cross motion of Maintenance, as such third-party defendant, for summary judgment dismissing the original and existent cross complaints and third-party complaints of Gretsch. Order affirmed, with $10 costs and disbursements. In our opinion, the proposed and the existing issues of active and passive negligence as between Gretsch and Maintenance are identical with those which were litigated by them and determined on the merits in the prior action on claims growing out of the same occurrence (Notow v. Gretsch Bldg. No. 4, 17 A D 2d 989, mot. for lv. to app. den. 18 A D 2d 825, 12 N Y 2d 647). Kleinfeld, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.

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In a consolidated action wherein the five main plaintiffs seek damages for personal injury as a consequence of the fall of a passenger elevator, serviced by defendant Maintenance Co., Inc., and located in a building owned and controlled by defendant Gretsch Building Number Four, Inc., the defendant Gretsch as third-party plaintiff appeals from an order of the Supreme Court, Kings County, dated July 23, 1963, which denied its motion to serve an amended cross complaint or third-party complaint in the consolidated action upon Maintenance, as third-party defendant, and which granted the cross motion of Maintenance, as such third-party defendant, for summary judgment dismissing the original and existent cross complaints and third-party complaints of Gretsch. Order affirmed, with $10 costs and disbursements. In our opinion, the proposed and the existing issues of active and passive negligence as between Gretsch and Maintenance are identical with those which were litigated by them and determined on the merits in the prior action on claims growing out of the same occurrence (Notow v. Gretsch Bldg. No. 4, 17 A D 2d 989, mot. for lv. to app. den. 18 A D 2d 825, 12 N Y 2d 647). Kleinfeld, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.

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Bluebook (online)

20 A.D.2d 793, 248 N.Y.S.2d 278, 1964 N.Y. App. Div. LEXIS 4277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nowak-v-gretsch-building-number-four-inc-nyappdiv-1964.