Plaintiffs, owners of a dwelling house in Locust Valley, New York, brought action for property damages arising out of the alleged negligence of the defendants while operating a crane on plaintiffs' front lawn for the digging of a cesspool. According to plaintiffs' complaint, the defendants caused the crane to clamp onto the underground gas main which ran from the street through the front yard...
KELLY v. YANNOTTI
4 N.Y.2d 603 (1958)
John J. Kelly et al., Respondents, v. Chester Yannotti et al., Copartners Doing Business under the Name of Y. & F. Landscaping Company, Defendants, and Y. & F. Landscaping Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Aetna Casualty & Surety Company, Third-Party Defendant-Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 25, 1958.
Decided June 25, 1958.
Attorney(s) appearing for the Case
Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur with Chief Judge CONWAY; Judge DESMOND dissents and votes for dismissal of the appeal upon the ground that the question certified is one of discretion only.
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