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Schellhorn v. New York State Electric & Gas Corp.

283 A.D. 678, 127 N.Y.S.2d 182, 1954 N.Y. App. Div. LEXIS 4881
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 27, 1954
StatusPublished
Cited by9 cases

This text of 283 A.D. 678 (Schellhorn v. New York State Electric & Gas 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
Schellhorn v. New York State Electric & Gas Corp., 283 A.D. 678, 127 N.Y.S.2d 182, 1954 N.Y. App. Div. LEXIS 4881 (N.Y. Ct. App. 1954).

Opinion

Appeal by the third-party defendant from an order of the Special Term of the Supreme Court, Albany County, denying a motion to dismiss the third-party complaint. The main complaint may be construed as charging the third-party plaintiff, an electric power company, with passive as well as active negligence resulting in plaintiff’s injury. In a situation in which the main complaint may be construed as charging the third-party plaintiff with passive negligence, even though it also charges him with active negligence, it has been the policy of this court not to dismiss such a complaint, but to leave the question of liability over until the examination of facts afforded at the trial. (Robinson v. Binghamton Gonstr. Co., 277 App. Div. 468; Johnson v. Endieott Johnson Corp., 278 App. Div. 626.) Order unanimously affirmed, with $10 costs and disbursements. Present —Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)
283 A.D. 678, 127 N.Y.S.2d 182, 1954 N.Y. App. Div. LEXIS 4881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schellhorn-v-new-york-state-electric-gas-corp-nyappdiv-1954.