[Download] "Roy J. Fiandach Et Al. v. Floyd Mindnich" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Roy J. Fiandach Et Al. v. Floyd Mindnich
- Author : Supreme Court of New York
- Release Date : January 12, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Memorandum: Plaintiff seeks to recover damages from defendant for injuries received on the premises of third-party defendant. The material substantive allegations of the complaint are that defendant sat on an iron railing and fell therefrom striking plaintiff. The third-party complaint attempts to impose ultimate liability upon the owner of the premises because of the alleged slippery condition of the floor in front of the railing. This presents the initial question as to whether defendant was an active or passive tort-feasor. Examination of complaint and third-party complaint (cf. Vaughan v. Globe Sign Co., 10 A.D.2d 568, affd. 8 N.Y.2d 776) establishes that the acts charged against defendant constituted active negligence. In other words ""None of the allegations in the complaint can be construed as charging [defendant] with liability without actual fault on [his] part."" (Bush Term. Bldgs. Co. v. Luckenbach S. S. Co., 9 N.Y.2d 426, 430-431.) It follows that respondent may not seek recovery over from appellant. Disposition Order unanimously reversed, with costs, motion granted and third-party complaint dismissed.
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