New York Court of Appeals, 1960

De Carlo v. Falco

New York Court of Appeals · Decided April 29, 1960

8 N.Y.2d 791; 168 N.E.2d 132

Cases that cite this one

1 later published case cites this decision.

Madden v. Mullet (Appellate Division of the Supreme Court of New York 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Judgment modified by dismissing the complaint as to defendants Palios and, as so modified, affirmed, with costs to defendants Palios. The proof of Steve Palios ’ conduct, precipitated as it was by an emergency not of Ms own making, was as a matter of law insufficient to create liability (see Meyer v. Whisnant, 307 N. Y. 369; Andersen v. Bee Line, 1 N Y 2d 169). No opimon.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.