New York Court of Appeals, 1965

Fornaro v. Jill Bros.

New York Court of Appeals · Decided February 11, 1965

15 N.Y.2d 819; 205 N.E.2d 862; 257 N.Y.S.2d 938; 1965 N.Y. LEXIS 1592

Cases that cite this one

8 later published cases cite this decision.

Morico v. Green Bus Lines, Inc. (District Court, E.D. New York 1977)
O'KEEFE v. Boeing Company (District Court, S.D. New York 1971)
Jones v. United States (District Court, S.D. New York 1969)
Campbell v. Westmoreland Farm, Inc. (2d Cir. 1968)
Campbell v. Westmoreland Farm, Inc. (2d Cir. 1968)
Campbell v. Westmoreland Farm, Inc. (District Court, E.D. New York 1967)
Orr v. Yun (Appellate Division of the Supreme Court of New York 2021)
Jacobs v. Hanofee (Appellate Division of the Supreme Court of New York 1976)

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 of the Court

*821Order affirmed, without costs, in a memorandum: Appellant neither alleged in his complaint nor sought to prove at the trial that the automobile in which the deceased infant was riding was, at the time of the accident, being operated by the driver (Eleanor Jill) in connection with or in furtherance of the business or interests of the vehicle’s owner (Jill Bros., Inc.). Such use, as the Appellate Division correctly observed, is a necessary predicate to the imposition of liability upon the OAvner under the law of New Jersey, the law clearly applicable to the issue of respondent OAvner’s vicarious liability. It follows, therefore, that respondent’s motion to dismiss the complaint should have been granted. The course of the trial and the frame of the complaint suggest a misapprehension by the court and counsel of the applicable rule of liability, and hence the affirmance is without prejudice to such motion to amend the complaint as plaintiff may be advised to make.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.