Vulpis v. Bifulco

Appellate Division of the Supreme Court of New York

Vulpis v. Bifulco

284 A.D. 1069, 136 N.Y.S.2d 356, 1954 N.Y. App. Div. LEXIS 4595

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

DecidedDecember 31, 1954

StatusPublished

Cited by1 cases

This text of 284 A.D. 1069 (Vulpis v. Bifulco) 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

Vulpis v. Bifulco, 284 A.D. 1069, 136 N.Y.S.2d 356, 1954 N.Y. App. Div. LEXIS 4595 (N.Y. Ct. App. 1954).

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Opinion

In an action to recover damages for personal injuries alleged to have been caused by negligence, plaintiff appeals from a judgment entered on the dismissal of the complaint at the close of his case. The evidence established that plaintiff had been requested by defendant to assist him in the preparation of certain pipes to be used by defendant in driving a well. While plaintiff was standing behind defendant, defendant, in attempting to release a chain wrench from a pipe, struck the wrench with a hammer, causing a chip to break off one of the teeth of the wrench and to fly into one of plaintiff’s eyes. Judgment unanimously affirmed, with costs. (Cf. Halverson v. 562 West 149th St. Corp., 290 H. Y. 40.) Present — Holán, P. J., Wenzel, MacCrate, Beldoek and Murphy, JJ. [See 285 App. Div. 831.]

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In an action to recover damages for personal injuries alleged to have been caused by negligence, plaintiff appeals from a judgment entered on the dismissal of the complaint at the close of his case. The evidence established that plaintiff had been requested by defendant to assist him in the preparation of certain pipes to be used by defendant in driving a well. While plaintiff was standing behind defendant, defendant, in attempting to release a chain wrench from a pipe, struck the wrench with a hammer, causing a chip to break off one of the teeth of the wrench and to fly into one of plaintiff’s eyes. Judgment unanimously affirmed, with costs. (Cf. Halverson v. 562 West 149th St. Corp., 290 H. Y. 40.) Present — Holán, P. J., Wenzel, MacCrate, Beldoek and Murphy, JJ. [See 285 App. Div. 831.]

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Bluebook (online)

284 A.D. 1069, 136 N.Y.S.2d 356, 1954 N.Y. App. Div. LEXIS 4595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vulpis-v-bifulco-nyappdiv-1954.

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