From Casetext: Smarter Legal Research

Bunchez v. Astoria-Star Welding Service, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 1956
1 A.D.2d 947 (N.Y. App. Div. 1956)

Opinion

April 24, 1956


Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. The third-party complaint is legally sufficient. Upon all the pleadings, a triable issue is presented as to whether the sole proximate cause of the accident was the primary or active negligence of the third-party defendant and whether the negligence, if any, of the third-party plaintiff was secondary or passive.

Concur — Breitel, J.P., Rabin, Cox, Frank and Bastow, JJ.


Summaries of

Bunchez v. Astoria-Star Welding Service, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 1956
1 A.D.2d 947 (N.Y. App. Div. 1956)
Case details for

Bunchez v. Astoria-Star Welding Service, Inc.

Case Details

Full title:SAMUEL H. BUNCHEZ, Plaintiff, v. ASTORIA-STAR WELDING SERVICE, INC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 24, 1956

Citations

1 A.D.2d 947 (N.Y. App. Div. 1956)