1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 53 N.Y.2d
  5. 53 N.Y.2d 716 (1981)
 

HELLER v. ENCORE OF HICKSVILLE, INC.

53 N.Y.2d 716 (1981)

Francine Heller et al., Appellants, v. Encore of Hicksville, Inc., et al., Respondents, et al., Defendant. Encore of Hicksville, Inc., et al., Third-Party Plaintiffs-Appellants, v. K. Kadin, Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants. (And Other Actions.)

Court of Appeals of the State of New York.

Decided April 2, 1981.

Attorney(s) appearing for the Case

Malachy J. Duffy for appellants.

William F. McNulty, Joseph Emmett Soffey and Anthony J. McNulty for respondents.

Herbert J. Slater, Norman Bard and Sandra Krevitsky for K. Kadin, Inc., third-party defendant-respondent.

Michael Majewski and Joseph D. Ahearn for Absorbent Cotton Co., third-party defendant-respondent.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER and FUCHSBERG concur; Judges JASEN, JONES and MEYER dissent and vote to affirm on the ground that there was insufficient evidence in the record to sustain a finding either that there was any duty owed plaintiff or any breach thereof.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division for a review of the facts.

It cannot be said, as a matter of law, that defendant operator Ruggiero was not negligent in failing to warn the plaintiff of the dangers of smoking while she was undergoing the complicated hair treatment which he had applied.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

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