Maniscalco v. Tully and Di Napoli, Inc.

New York Court of Appeals October 22, 1948

Maniscalco v. Tully and Di Napoli, Inc., 82 N.E.2d 586 (N.Y. 1948)

298 N.Y. 688

Lotjghran, Lewis, Desmond, Fuld, Conwat, Dye, Thacher

Opinion of the Court

*690 As to the defendant Tully and Di Napoli, Inc.: Judgment affirmed, with costs, on the ground that there was no evidence of negligence of that defendant. No opinion.

Concur: LotjghraN, Ch. J., Lewis, Desmond and Fuld, JJ. Dissenting: Conwat and Dye, J J. Taking no part: Thacher, J.

As to the defendant B. Turecamo Contracting Co., Inc.: Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that there was evidence of negligence of that defendant which should have been submitted to the jury. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Dye and Fuld, JJ. Dissenting: Desmond, J. Taking no part: Thacher, J.

Reference

Full Case Name: Paul Maniscalco, as Administrator of the Estate of Paul Maniscalco, Deceased, Appellant, v. Tully and Di Napoli, Inc., Et Al., Respondents
Status: Published