1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 4 N.Y.2d
  5. 4 N.Y.2d 603 (1958)
 

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.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Robert A. Dwyer, William S. O'Connor, Archie B. Morrison and Patrick D. Warren for appellant.

Howard E. Levitt, Morris L. Zausmer and Sidney N. Zipser for respondents.

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.

Chief Judge CONWAY.

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...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED
OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases