Tassone v. Gursky

Full title: DOMINICK TASSONE, Appellant, v. PETER P. GURSKY et al., Respondents

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

Date published: Mar 21, 1958

5 A.D.2d 967 (N.Y. App. Div. 1958)

Opinion

March 21, 1958

Appeal from the Onondaga Trial Term.

Present — Kimball, J.P., Williams, Bastow, Goldman and Halpern, JJ.

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. See memorandum in companion case of Tassone v. Gursky ( 5 A.D.2d 966). All concur, except Williams, J., who dissents as to plaintiff's derivative cause of action because of injuries to his wife, Sally Tassone, and votes for affirmance, and concurs as to plaintiff's derivative cause of action for property damage to his car and for injuries to his children.