Worm v. Nicholas Di Menna & Sons, Inc.

Appellate Terms of the Supreme Court of New York

Worm v. Nicholas Di Menna & Sons, Inc.

5 Misc. 2d 203, 164 N.Y.S.2d 264, 1957 N.Y. Misc. LEXIS 3711

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 10, 1957

StatusPublished

This text of 5 Misc. 2d 203 (Worm v. Nicholas Di Menna & Sons, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Worm v. Nicholas Di Menna & Sons, Inc., 5 Misc. 2d 203, 164 N.Y.S.2d 264, 1957 N.Y. Misc. LEXIS 3711 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

Plaintiff failed to establish that the alleged negligence of defendant Nicholas Di Henna & Sons, Inc., was the proximate cause of his damage. With respect to that part of the judgment which dismissed plaintiff’s complaint as against defendant City of New York, appellant is not a party aggrieved and has no standing to appeal therefrom (Fitzgerald v. Greenbaum, 270 App. Div. 1026).

The judgment as against defendant Nicholas Di Henna & Sons, Inc., should be unanimously reversed on the law and facts, with costs to that defendant, and complaint against it dismissed, with costs. Appeal from judgment insofar as it dismisses plaintiff’s complaint against defendant City of New York dismissed, without costs.

Pette, Hart and Di Gtovanna, JJ., concur.

Judgment reversed, etc.

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