From Casetext: Smarter Legal Research

Green v. Heslink

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 982 (N.Y. App. Div. 1995)

Opinion

February 3, 1995

Appeal from the Supreme Court, Chautauqua County, Gerace, J.

Present — Pine, J.P., Fallon, Wesley, Callahan and Davis, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

We conclude that Supreme Court properly set aside the verdict of no cause for action and granted partial judgment against defendant Paul I. Heslink on the issue of liability notwithstanding the verdict. As a matter of law, the cattle trailer was a trailer under Vehicle and Traffic Law § 156 and was required to have operational directional signals.

We further conclude that the court should have granted partial judgment against the remaining defendants on the issue of liability notwithstanding the verdict. Because Heslink was acting in furtherance of the partnership business at the time of the accident, his partner and the partnership itself are liable as well (see, Partnership Law §§ 24, 26; Pedersen v. Manitowoc Co., 25 N.Y.2d 412, 419; Caplan v. Caplan, 268 N.Y. 445).


Summaries of

Green v. Heslink

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 982 (N.Y. App. Div. 1995)
Case details for

Green v. Heslink

Case Details

Full title:JOHN GREEN, Respondent-Appellant, v. PAUL I. HESLINK…

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

Date published: Feb 3, 1995

Citations

212 A.D.2d 982 (N.Y. App. Div. 1995)
623 N.Y.S.2d 684