Appellate Division of the Supreme Court of New York, 1961

Chulick v. Allied Chemical & Dye Corp.

Chulick v. Allied Chemical & Dye Corp.
Appellate Division of the Supreme Court of New York · Decided May 11, 1961
13 A.D.2d 889; 215 N.Y.S.2d 262; 1961 N.Y. App. Div. LEXIS 10964
Chulick v. Allied Chemical & Dye Corp.

Opinion of the Court

Order unanimously affirmed, with $25 costs and disbursements. Memorandum: In affirming the order, we do not pass upon the question of whether proof should be admitted upon the trial that the equipment on the car failed to comply with the standard set up by the Safety Appliance Act, as bearing upon the cause of action for common-law negligence. (Appeal from order of Brie Special Term granting motions by the two defendant railroad companies to strike out allegations in the complaint.) Present — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.

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