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LEOTTA v. PLESSINGER

8 N.Y.2d 449 (1960)

Mary A. Leotta, Individually and as Administratrix of The Estate of Alfred R. Leotta, Deceased, Appellant-Respondent, v. Joseph E. Plessinger, Defendant, Harvey B. Hole, Respondent-Appellant, and Riggs Dairy Express, Inc., Respondent. Ellen Axtell, Appellant-Respondent, v. Joseph E. Plessinger, Defendant, Harvey B. Hole, Respondent-Appellant, and Riggs Dairy Express, Inc., Respondent. Vida Axtell, Appellant-Respondent, v. Joseph E. Plessinger, Defendant, Harvey B. Hole, Respondent-Appellant, and Riggs Dairy Express, Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1960.

Attorney(s) appearing for the Case

John C. Kinney for Ellen Axtell, appellant-respondent.

Charles P. Knapp for Vida Axtell, appellant-respondent.

Domenick L. Gabrielli and John B. Mowry for Mary A. Leotta, appellant-respondent.

Robert M. Wightman for Harvey B. Hole, respondent-appellant.

Copal Mintz for respondent.

Opinion by Judge BURKE in which Judges DYE, FROESSEL and FOSTER concur; and in which Chief Judge DESMOND concurs as to defendant Harvey B. Hole but concurs in the result only in a separate opinion as to defendant Riggs Dairy Express, Inc.; and in which Judge VAN VOORHIS concurs as to defendant Harvey B. Hole but dissents and votes to affirm the dismissal of the complaint as against defendant Riggs Dairy Express, Inc.; Judge FULD dissents and votes to affirm the judgments in their entirety in an opinion.

BURKE, J.

The plaintiffs appeal as of right from judgments entered on orders of reversal dismissing their complaints against Riggs. The defendant Hole appeals by permission from the affirmance of judgments in favor of the plaintiffs against him.

The question presented on the appeals from the dismissal of the complaints is whether, under a one-trip lease, the lessee carrier (Riggs Dairy Express, Inc., operating...

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