(Download) "Howard Donnelly v. Rochester Gas and Electric Corporation Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free

eBook details

Title: Howard Donnelly v. Rochester Gas and Electric Corporation Et Al.
Author : Supreme Court of New York
Release Date : January 21, 1964
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

Memorandum: It is not clear that the plaintiff cannot recover from the defendant Rochester Gas and Electric Corporation on the basis of passive negligence. That being so, the second cause of action in the third-party complaint was improperly dismissed as insufficient in law. This is particularly so when the cause of action which was dismissed is viewed in the light of 3013 and subdivision (a) of 3017 of the Civil Practice Law and Rules. (See, also, 3 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 3013.03; also Foley v. D'Agostino, 21 A.D.2d 60.) Disposition Order unanimously reversed, without costs, and motion denied, without costs.