Rudy v. Metropolitan Commuters Transportation Authority

Appellate Division of the Supreme Court of New York

Rudy v. Metropolitan Commuters Transportation Authority

42 A.D.2d 910, 347 N.Y.S.2d 730, 1973 N.Y. App. Div. LEXIS 3545

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

DecidedSeptember 24, 1973

StatusPublished

This text of 42 A.D.2d 910 (Rudy v. Metropolitan Commuters Transportation Authority) 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

Rudy v. Metropolitan Commuters Transportation Authority, 42 A.D.2d 910, 347 N.Y.S.2d 730, 1973 N.Y. App. Div. LEXIS 3545 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, dated March 31,1972, which granted defendant’s motion for summary judgment dismissing the complaint. Order affirmed, without’ costs. In this action plaintiffs seek to recover damages from defendant, Metropolitan [911]*911Commuters Transportation Authority (now the Metropolitan Transportation Authority), for the alleged negligence of the Long Island Rail Road. As a general rule, a parent corporation will not be held liable for the torts of its subsidiary corporation, notwithstanding the complete ownership of its' stock (Berkey v. Third Ave. By. Co., 244 F. Y. 84; 10 Fletcher, Cyclopedia Corporations [Perm, ed.], § 4878). In our opinion, no substantial issues of fact have been raised by plaintiffs which may warrant a finding that the relationship of defendant and the Long Island Rail Road is such that the separate corporate status of the latter may be disregarded. We pass on no other question. Martuscello, Acting P. J., Latham, Gulotta, Christ and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, dated March 31,1972, which granted defendant’s motion for summary judgment dismissing the complaint. Order affirmed, without’ costs. In this action plaintiffs seek to recover damages from defendant, Metropolitan [911]*911Commuters Transportation Authority (now the Metropolitan Transportation Authority), for the alleged negligence of the Long Island Rail Road. As a general rule, a parent corporation will not be held liable for the torts of its subsidiary corporation, notwithstanding the complete ownership of its' stock (Berkey v. Third Ave. By. Co., 244 F. Y. 84; 10 Fletcher, Cyclopedia Corporations [Perm, ed.], § 4878). In our opinion, no substantial issues of fact have been raised by plaintiffs which may warrant a finding that the relationship of defendant and the Long Island Rail Road is such that the separate corporate status of the latter may be disregarded. We pass on no other question. Martuscello, Acting P. J., Latham, Gulotta, Christ and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

42 A.D.2d 910, 347 N.Y.S.2d 730, 1973 N.Y. App. Div. LEXIS 3545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rudy-v-metropolitan-commuters-transportation-authority-nyappdiv-1973.