Legal Opinion

Kelley v. Hitzig

Appellate Terms of the Supreme Court of New York

Decided July 16, 1973Published

1Opinion of the Court

Memorandum. Judgment of the court below (see 71 Misc 2d 329) is affirmed, without costs.

The evidence was sufficient to support the finding of negligence on the part of defendant. (See Shuffian v Garfola, 9 AD2d 910.) While we are not in complete agreement with the trial court’s rationale in holding third-party defendant liable, the result was proper. (See Dole v Dow Chem. Co., 30 NY2d 143, 153.)

Concur: Hogan, P.J., Pittoni and McCullough, JJ.

2Cases cited3 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Shuffian v. GarfolaAppellate Division of the Supreme Court of the State of New York · 1959
  3. Kelley v. HitzigNassau County District Court · 1972