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DE RASMO v. LONG ISLAND LIGHTING CO.

20 N.Y.2d 665 (1967)

Grazia De Rasmo, as Administratrix of The Estate of Dominic De Rasmo, Deceased, Respondent, v. Long Island Lighting Company, Appellant, Tanwood at Massapequa, Inc., et al., Appellants-Respondents, New York Telephone Company, Respondent, et al., Defendants. Long Island Lighting Company, Third-Party Plaintiff-Appellant, v. Denton Equipment, Inc., Third-Party Defendant-Respondent. New York Telephone Company, Third-Party Plaintiff-Appellant, v. Denton Equipment, Inc., Third-Party Defendant-Respondent. County of Nassau, Third-Party Plaintiff, v. Denton Equipment, Inc., Third-Party Defendant. Tanwood at Massapequa, Inc., Third-Party Plaintiff-Respondent, v. Denton Equipment, Inc., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1967.

Attorney(s) appearing for the Case

Francis M. Walsh and David K. Kadane for Long Island Lighting Company, appellant.

David S. Konheim for Tanwood at Massapequa, Inc., appellant-respondent.

Roger P. McTiernan, Desmond T. Barry and Michael R. Treanor for third-party defendant-respondent-appellant.

Vincent M. Albanese and Thomas R. Newman for plaintiff-respondent.

G. Wallace Bates and Kenneth J. Lucey for New York Telephone Company, appellant-respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and BREITEL. Dissent: Judge VAN VOORHIS.

Judgment affirmed, with costs to plaintiff against defendant Long Island Lighting Company and with costs to each third-party respondent against the corresponding third-party appellant; no opinion.

Judge VAN VOORHIS dissents, in part, and votes to reverse and to dismiss the complaint as to defendant Tanwood upon the ground that no actionable negligence has been shown upon its part. Moreover, if defendant Tanwood...

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