(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.