Bellinzoni v. Seland
| Decision Date | 09 March 1987 |
| Citation | 128 A.D.2d 580,512 N.Y.S.2d 846 |
| Parties | Robert BELLINZONI, et al., Appellants, v. Birger SELAND, etc., Defendant Third-Party Plaintiff-Respondent; Alside Supply Company, Third-Party Defendant-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Slater & Sgarlato, P.C., Brooklyn (Irving N. Selkin, of counsel), for appellants.
Sheft, Wright and Sweeney, New York City (Leonard A. Sheft and Barry Jacobs, of counsel), for defendant third-party plaintiff-respondent.
Mulholland, Minion & Roe, Williston Park (Vincent D. McNamara, of counsel), for third-party defendant-respondent.
Before RUBIN, J.P., and KUNZEMAN, SPATT and HARWOOD, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Robbins, J.), entered April 25, 1986, which, after the presentation of evidence by the parties, granted the defendant's motion to dismiss the complaint.
ORDERED that the judgment is reversed, with costs, and a new trial is granted.
An officer of a corporation, such as the defendant Birger Seland, who participates in the commission of a tort by the corporation is personally liable therefor (see, Clark v. Pine Hill Homes, 112 A.D.2d 755, 492 N.Y.S.2d 253; Matter of State of New York v. Daro Chartours, 72 A.D.2d 872, 873, 422 N.Y.S.2d 146; Cleland v. Fort Ticonderoga Assn., 71 A.D.2d 740, 419 N.Y.S.2d 261; Bailey v. Baker's Air Force Gas Corp., 50 A.D.2d 129, 376 N.Y.S.2d 212, lv. denied, 39 N.Y.2d 708, 386 N.Y.S.2d 1025, 352 N.E.2d 595; La Lumia v. Schwartz, 23 A.D.2d 668, 257 N.Y.S.2d 348). In the case at bar, the defendant Birger Seland personally supervised and participated in the construction work which the plaintiffs allege was performed negligently and gave rise to the plaintiff Robert Bellinzoni's injuries.
The plaintiffs attempted to demonstrate the defendant Birger Seland's negligence through the testimony of a professional engineer who had extensive experience in the design and construction of wood structures and had for several years been involved in the supervision of carpentry work. The trial court abused its discretion by prohibiting this witness from testifying as an expert and giving his opinion as to the competence of the defendant Birger Seland's workmanship (see, Tarlowe v. Metropolitan Ski Slopes, 28 N.Y.2d 410, 322 N.Y.S.2d 665, 271 N.E.2d 515; Meiselman v. Crown Heights Hospital Inc., 285 N.Y. 389,...
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Krystal G. v. Roman Catholic Diocese of Brooklyn
...under Murtha must be rejected. In any event, the Appellate Division, Second Department unequivocally held in Bellinzoni v. Seland, 128 A.D.2d 580, 580–581, 512 N.Y.S.2d 846 [1987], that a corporate officer or agent may be found liable for negligently supervising a third party that was respo......
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Kallman v. Pinecrest Modular Homes, Inc.
...corporation is personally liable therefor' " ( Widlitz v. Scher, 148 A.D.2d 530, 530, 540 N.Y.S.2d 179, quoting Bellinzoni v. Seland, 128 A.D.2d 580, 580, 512 N.Y.S.2d 846), the Supreme Court properly dismissed the negligence causes of action against the individual defendants because the pl......
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Halford v. First Jersey Securities, Inc.
...by plaintiff are insufficient to warrant the imposition of personal liability on Brennan, Fiore or Trusso (see, Bellinzoni v. Seland, 128 A.D.2d 580, 512 N.Y.S.2d 846; Connell v. Hayden, 83 A.D.2d 30, 46, 443 N.Y.S.2d Turning to plaintiff's third cause of action for fraud, we note first tha......
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Westminster Const. Co., Inc. v. Sherman
...in the performance of their duties for their corporation (see, Widlitz v. Scher, 148 A.D.2d 530, 540 N.Y.S.2d 179; Bellinzoni v. Seland, 128 A.D.2d 580, 512 N.Y.S.2d 846; Clark v. Pine Hill Homes, 112 A.D.2d 755, 492 N.Y.S.2d 253; Cleland v. Fort Ticonderoga Assn., 71 A.D.2d 740, 419 N.Y.S.......