Sands v. Klein

Appellate Division of the Supreme Court of New York

Sands v. Klein

8 A.D.2d 836, 190 N.Y.S.2d 262, 1959 N.Y. App. Div. LEXIS 8180

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

DecidedJune 15, 1959

StatusPublished

This text of 8 A.D.2d 836 (Sands v. Klein) 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

Sands v. Klein, 8 A.D.2d 836, 190 N.Y.S.2d 262, 1959 N.Y. App. Div. LEXIS 8180 (N.Y. Ct. App. 1959).

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Opinion

In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal, as limited by appellant’s brief, is from an order granting respondent’s motion to dismiss appellant’s cross complaint on the ground that it does not state facts sufficient to constitute a cross complaint (Rules Civ. Prac., rule 106, subd. 4). Order affirmed, with $10 costs and disbursements. In our opinion, the allegations of active negligence charged against appellant and respondent justify the conclusion that they are joint Sort-feasors in pari delieto and, therefore, the cross complaint is insufficient. (Fox v. Western New York Motor Lines, 257 N. Y. 305; Middleton v. City of New York, 276 App. Div. 780, affd. 300 N. Y. 732.) Wenzel, Acting P. J., Beldock, Murphy and Ughetta, JJ., concur; Kleinfeld, J., dissents and votes to reverse the order and to deny the motion.

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In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal, as limited by appellant’s brief, is from an order granting respondent’s motion to dismiss appellant’s cross complaint on the ground that it does not state facts sufficient to constitute a cross complaint (Rules Civ. Prac., rule 106, subd. 4). Order affirmed, with $10 costs and disbursements. In our opinion, the allegations of active negligence charged against appellant and respondent justify the conclusion that they are joint Sort-feasors in pari delieto and, therefore, the cross complaint is insufficient. (Fox v. Western New York Motor Lines, 257 N. Y. 305; Middleton v. City of New York, 276 App. Div. 780, affd. 300 N. Y. 732.) Wenzel, Acting P. J., Beldock, Murphy and Ughetta, JJ., concur; Kleinfeld, J., dissents and votes to reverse the order and to deny the motion.

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Bluebook (online)

8 A.D.2d 836, 190 N.Y.S.2d 262, 1959 N.Y. App. Div. LEXIS 8180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sands-v-klein-nyappdiv-1959.

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