HONIGSBERG v. MYER


278 A.D. 825 (1951)

Dorothy Honigsberg, Plaintiff, v. Philip Myer et al., Defendants Samuel Scheller, as Executor of Julius Myer, Deceased, Defendant and Third-Party Plaintiff-Appellant, v. Lucille B. Howard, Individually and Doing Business as Dresden Nursing Home, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 29, 1951.


Order, and judgment entered thereon, unanimously reversed, with costs to third-party plaintiff-appellant and third-party defendant's motion denied.

Although the complaint alleges lack of knowledge on the part of nursing home, the third-party defendant, as well as on the part of the plaintiff, as to the propensities of the decedent, plaintiff may not be required to prove lack of knowledge on the part of the nursing home to make out a cause of action against the decedent...

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