Renzulli v. Associated Cotton Shops, Inc.

Appellate Division of the Supreme Court of New York

Renzulli v. Associated Cotton Shops, Inc.

38 A.D.2d 834, 329 N.Y.S.2d 1012, 1972 N.Y. App. Div. LEXIS 5450

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

DecidedFebruary 7, 1972

StatusPublished

This text of 38 A.D.2d 834 (Renzulli v. Associated Cotton Shops, 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

Renzulli v. Associated Cotton Shops, Inc., 38 A.D.2d 834, 329 N.Y.S.2d 1012, 1972 N.Y. App. Div. LEXIS 5450 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered June 18, 1968, which (1) dismissed the complaint as to defendants other than Heineman Electric Company, Inc., and (2) dismissed the third-party complaint, upon the trial court’s decision at the close of plaintiff’s ease. Judgment affirmed, with one bill of costs jointly to respondents who filed briefs. No opinion. Martuscello, Acting P. J., Gulotta and Christ, JJ., concur; Shapiro [835]*835and Benjamin, JJ., concur in affirmance as to defendants Associated Cotton Shops, Inc., and Carrier Air Conditioner Corp., but otherwise dissent and vote to reverse as to defendant Armo Cooling & Ventilating Co. and the third-party defendants and to grant a new trial upon the complaint against said defendant and upon said defendant’s third-party complaint, with the following memorandum: In our opinion plaintiff adduced sufficient proof to present a question of fact as to the liability of defendant Armo, which precluded a dismissal of the complaint as against that defendant.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered June 18, 1968, which (1) dismissed the complaint as to defendants other than Heineman Electric Company, Inc., and (2) dismissed the third-party complaint, upon the trial court’s decision at the close of plaintiff’s ease. Judgment affirmed, with one bill of costs jointly to respondents who filed briefs. No opinion. Martuscello, Acting P. J., Gulotta and Christ, JJ., concur; Shapiro [835]*835and Benjamin, JJ., concur in affirmance as to defendants Associated Cotton Shops, Inc., and Carrier Air Conditioner Corp., but otherwise dissent and vote to reverse as to defendant Armo Cooling & Ventilating Co. and the third-party defendants and to grant a new trial upon the complaint against said defendant and upon said defendant’s third-party complaint, with the following memorandum: In our opinion plaintiff adduced sufficient proof to present a question of fact as to the liability of defendant Armo, which precluded a dismissal of the complaint as against that defendant.

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Bluebook (online)

38 A.D.2d 834, 329 N.Y.S.2d 1012, 1972 N.Y. App. Div. LEXIS 5450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renzulli-v-associated-cotton-shops-inc-nyappdiv-1972.