Legal Opinion

Musco v. Conte

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1964PublishedCited by 52 opinions

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

  1. McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
  2. Milks v. McIverNew York Court of Appeals · 1934
  3. Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
  4. Dyer v. Broadway Central BankNew York Court of Appeals · 1930
  5. Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935

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3Cited by52 opinions

  1. McDermott v. City of New YorkNew York Court of Appeals · 1980
  2. In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
  3. Bay Ridge Air Rights, Inc. v. StateNew York Court of Appeals · 1978
  4. Avellino & Bienes v. M. Frenville Co.Court of Appeals for the Third Circuit · 1984
  5. Perry v. Pioneer Wholesale Supply Co.Utah Supreme Court · 1984

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