Legal Opinion

Avery v. Order of St. Basil Great

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

Decided May 31, 1967PublishedCited by 3 opinions

1Opinion of the Court

Herlihy, J. P.

The issue of negligence concerns the responsibilities of the various parties when bowling alleys are in the process of being resurfaced.

The plaintiff, experienced in such work, was employed by Howard Transue, whose business was to ‘ ‘ resurface and refinish and repair bowling alleys ” and who entered into an oral contract to work on the alleys of the defendant as he had done for some years. It should be further noted at this point that the plaintiff had worked on these alleys on other occasions.

The accident happened on Monday, May 22, 1961 at about 10:30 in the morning. The…

2Cases cited4 opinions

  1. Frank Borowicz v. Chicago Mastic Company, Frank Borowicz v. Chicago Adhesive Products CompanyCourt of Appeals for the Seventh Circuit · 1966
  2. Shields v. . Van Kelton Amusement Corp.New York Court of Appeals · 1920
  3. Utica Mutual Insurance v. Amsterdam Color Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
  4. Utica Mutual Insurance v. Amsterdam Color Works, Inc.New York Court of Appeals · 1955

3Cited by3 opinions

  1. Humphries v. Consolidated Edison Co.District Court, S.D. New York · 1969
  2. Benjamin Friedman v. N. B. C. Motorcycle Imports, Inc., Clarence P. Neilson, Ziff Davis Publishing Co., Inc., Defendants-Appellants-Appellees v. Berliner Motor CorporationCourt of Appeals for the Second Circuit · 1971
  3. Friedman v. N. B. C. Motorcycle Imports, Inc.Court of Appeals for the Second Circuit · 1971

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