Musco v. Conte
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHopkins, J.
We deal here with the sufficiency of a third-party complaint on its face; hence, the allegations of the original complaint and the third-party complaint are read together and accepted as true (Dyer v. Broadway Cent. Bank, 252 N. Y. 430, 432; Vaughan v. Globe Neon Sign Co., 10 A D 2d 568, affd. 8 N Y 2d 776).
The pleadings, thus considered, assert that on March 24, 1957 the defendant Conte parked his automobile in a lot owned by the X. R. C. Realty Corporation and maintained by Cross County Diner, Inc.1 Conte’s automobile crossed over a wooden log which was placed as a backstop at the edge of…
2Cases cited15 opinions
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
- Milks v. McIverNew York Court of Appeals · 1934
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
- Dyer v. Broadway Central BankNew York Court of Appeals · 1930
- Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935
10 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
- Bay Ridge Air Rights, Inc. v. StateNew York Court of Appeals · 1978
- Avellino & Bienes v. M. Frenville Co.Court of Appeals for the Third Circuit · 1984
- Perry v. Pioneer Wholesale Supply Co.Utah Supreme Court · 1984
47 more not listed; retrieve them via the Exa API.