De Rasmo v. Long Island Lighting Co.
New York Court of Appeals
De Rasmo v. Long Island Lighting Co., 20 N.Y.2d 665 (N.Y. 1967)
229 N.E.2d 57; 282 N.Y.S.2d 276; 1967 N.Y. LEXIS 1363
De Rasmo v. Long Island Lighting Co.
Opinion of the Court
Judgment affirmed, with costs to plaintiff against defendant Long Island Lighting Company and with costs to each
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating and Breitel. Judge Van Voorhis dissents, in part, and votes to reverse and to dismiss the complaint as to defendant Tanwood upon the ground that no actionable negligence has been shown upon its part. Moreover, if defendant Tanwood were to be chargeable with negligence, as the court is holding, it would necessarily be active negligence which would preclude indemnification from the Long Island Lighting Company.
Reference
- Full Case Name
- Grazia De Rasmo, as Administratrix of the Estate of Dominic De Rasmo v. Long Island Lighting Company, Tanwood at Massapequa, Inc., Appellants-Respondents, New York Telephone Company, , Defendants Long Island Lighting Company, Third-Party v. Denton Equipment, Inc., Third-Party Defendant-Respondent New York Telephone Company, Third-Party v. Denton Equipment, Inc., Third-Party Defendant-Respondent County of Nassau, Third-Party v. Denton Equipment, Inc., Third-Party Defendant Tanwood at Massapequa, Inc., Third-Party Plaintiff-Respondent v. Denton Equipment, Inc., Third-Party DefendantAppellant
- Status
- Published