Gardner v. Fleckenstein
| Decision Date | 03 July 1957 |
| Citation | 144 N.E.2d 649,3 N.Y.2d 812,166 N.Y.S.2d 10 |
| Parties | , 144 N.E.2d 649 Dwight A. S. GARDNER, Respondent, v. Ilsa J. FLECKENSTEIN, doing business as The Fleck Roofing and Insulating Co., et al., Defendants, and Alice E. Olds, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 2 A.D.2d 870, 156 N.Y.S.2d 704.
Negligence action for injuries was brought against four defendants. The Monroe Trial Term, Frederic T. Henry, J., entered judgment for plaintiff as against one of the defendants and judgments in favor of two other defendants, and the defendant, against whom judgment was rendered, and the plaintiff appealed.
The Appellate Division affirmed judgment against defendant, who left paraffine unattended on a lighted stove, and affirmed the judgments against plaintiffs. Vaughan, j., dissented in part.
The plaintiff and the defendant against whom judgment was rendered appealed to the Court of Appeals, and motions were made to dismiss the appeal of the plaintiff.
The Court of Appeals, 2 N.Y.2d 932, 162 N.Y.S.2d 27, granted motions to dismiss the appeal fo the plaintiff and dismissed the appeal on ground that no appeal lay as of right.
Judgment affirmed, with costs.
All concur.
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