BELLEFEUILLE v. CITY & COUNTY SAV. BANK


40 N.Y.2d 879 (1976)

John Bellefeuille, Appellant, v. City and County Savings Bank, Respondent and Third-Party Plaintiff-Appellant. O'Connell & Aronowitz, Third-Party Defendant-Appellant, et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided October 19, 1976.


Attorney(s) appearing for the Case

John J. Cavanaugh, Jr., and Joseph P. Huberty for appellant.

James S. Carter for defendant-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge COOKE taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed. Evidence of the condition of the radiator cover approximately six months prior to the accident was properly excluded. The issue presented to the jury was not whether the repairs to the radiator cover were negligently made; nor was the issue whether the radiator cover in its original condition would have been a better place on which to work than the radiator...

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