Legal Opinion

Wineck v. Yanoff

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

Decided October 19, 1942PublishedCited by 3 opinions

1Opinion of the Court

The plaintiffs’ complaint alleges acts for some of which the appellant might be responsible and for some of which the landlord might be solely responsible. The appellant would not be liable over to the defendant landlord for damages sustained by plaintiffs due solely to negligent acts of the landlord, and such acts are alleged in the plaintiffs’ complaint. There is nothing in the record to show that a judgment may ever be entered in favor of plaintiffs solely for damages caused by the appellant gas company. It would seem that defendants *836are bound to the status of joint tortfeasors, which is…

2Cases cited2 opinions

  1. Nichols v. Clark, MacMullen & Riley, Inc.New York Court of Appeals · 1933
  2. Schwartz v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1941

3Cited by3 opinions

  1. Messaro v. Long Island Rail Road Co.Appellate Division of the Supreme Court of the State of New York · 1948
  2. Behar v. SavardDistrict Court, S.D. New York · 1958
  3. Tomko v. City Bank Farmers Trust Co.District Court, E.D. New York · 1943

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