Public Administrator v. Rubin Construction Corp.

Appellate Division of the Supreme Court of New York

Public Administrator v. Rubin Construction Corp.

6 A.D.2d 678, 173 N.Y.S.2d 943, 1958 N.Y. App. Div. LEXIS 5852

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

DecidedMay 20, 1958

StatusPublished

This text of 6 A.D.2d 678 (Public Administrator v. Rubin Construction Corp.) 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

Public Administrator v. Rubin Construction Corp., 6 A.D.2d 678, 173 N.Y.S.2d 943, 1958 N.Y. App. Div. LEXIS 5852 (N.Y. Ct. App. 1958).

Pincite

Opinion

Order granting motion to dismiss third-party plaintiff’s second cause of action unanimously reversed, on the law, and the motion denied, with costs to third-party plaintiff-appellant. The original complaint is susceptible of the construction that third-party plaintiff’s acts were supervisory only and that its liability is occasioned by acts done by the subcontractor under general supervision. Consequently, the liability of third-party defendant may not be determined from the pleadings alone. Concur — Breitel, J. P., Rabin, McNally, Stevens and Bergan, JJ.

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Order granting motion to dismiss third-party plaintiff’s second cause of action unanimously reversed, on the law, and the motion denied, with costs to third-party plaintiff-appellant. The original complaint is susceptible of the construction that third-party plaintiff’s acts were supervisory only and that its liability is occasioned by acts done by the subcontractor under general supervision. Consequently, the liability of third-party defendant may not be determined from the pleadings alone. Concur — Breitel, J. P., Rabin, McNally, Stevens and Bergan, JJ.

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Bluebook (online)

6 A.D.2d 678, 173 N.Y.S.2d 943, 1958 N.Y. App. Div. LEXIS 5852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-administrator-v-rubin-construction-corp-nyappdiv-1958.