World Trade Knitting Mills, Inc. v. Lido Knitting Mills, Inc.

Bracken, J. P. (concurring in part and dissenting in part).

A majority of this court votes to grant summary judgment dismissing the plaintiffs’ complaint against the defendant Honeywell Inc. (hereinafter Honeywell) on two grounds: first, that as a matter of law, any negligence on the part of Honeywell constituted "nonfeasance” rather than "misfeasance”, and second, that as a matter of law, any negligence on the part of Honeywell was "ordinary” rather than "gross”. *111The distinction between "gross” negligence and "ordinary” negligence, as well as the distinction between "misfeasance” and…