Gasper v. Ford Motor Co.
| Decision Date | 03 October 1963 |
| Citation | 243 N.Y.S.2d 674,13 N.Y.2d 893 |
| Parties | , 193 N.E.2d 502 Linda GASPER, as Administratrix of the Goods, Chattels and Credits of Donald Gasper, Deceased, Plaintiff-Respondent, v. FORD MOTOR COMPANY, Defendant-Appellant and Third-Party Plaintiff-Appellant, v. Frederick SEIFERT, d/b/a Main Window Cleaning Company, Third-Party Defendant-Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department.
The administratrix of a deceased employee of a window washing contractor brought an action against the owner of a structure for the death of the employee who fell when the window collapsed. The defendant filed a third-party action against the contractor.
The Supreme Court, Trial Term, Erie County, Joseph A. Nevins, J., entered judgment on a verdict for the plaintiff and made a finding of active negligence by the plant owner in the third-party action, and an appeal was taken.
The Appellate Division affirmed and an appeal was taken by permission of the Court of Appeals.
The Court of Appeals, Scileppi, J., 13 N.Y.2d 104, 242 N.Y.S.2d 205, 192 N.E.2d 163, held that the judgment in plaintiff's favor should be reversed and the complaint dismissed.
A motion to amend the remittitur was filed.
Motion to amend the remittitur granted; the return of the remittitur requested and, when returned, it will be amended to read as follows: Judgment of the Appellate Division modified by reversing that part thereof which is in plaintiff's favor and by dismissing her complaint, without costs; otherwise, judgment affirmed, without costs.
To continue reading
Request your trial
-
Kalofonos v. State
... ... Zuccelli v. City Constr. Co., 4 N.Y.2d 52, 172 N.Y.S.2d 139, 149 N.E.2d 72, cited in Gasper v. Ford Motor Co., 13 N.Y.2d 104, 110, 242 N.Y.S.2d 205, 192 N.E.2d 163, amd. 13 N.Y.2d 893.) ... ...
-
Monroe v. City of New York
...place to work (Gasper v. Ford Motor Co., 13 N.Y.2d 104, 110, 242 N.Y.S.2d 205, 208, 192 N.E.2d 163, 165, remittitur amd. 13 N.Y.2d 893, 243 N.Y.S.2d 674, 193 N.E.2d 502; Hess v. Bernheimer & Schwartz Pilsener Brewing Co., 219 N.Y. 415, 418, 114 N.E. 808). The common-law duty to provide a sa......
-
Landahl v. City of Buffalo
...on Gasper v. Ford Motor Co., 13 N.Y.2d 104, 110–111, 242 N.Y.S.2d 205, 192 N.E.2d 163,mot. to amend remittitur granted13 N.Y.2d 893, 243 N.Y.S.2d 674, 193 N.E.2d 502 is misplaced. That case stands for the proposition that an open and obvious hazard inherent in the injury-producing work is n......
-
Cottone v. Dormitory Authority of State of N.Y.
...(see, Gasper v. Ford Motor Co., 13 N.Y.2d 104, 110, 242 N.Y.S.2d 205, 192 N.E.2d 163, mot. to amend remittitur granted 13 N.Y.2d 893, 243 N.Y.S.2d 674, 193 N.E.2d 502; McGrath v. Lake Tree Vil. Assocs., 216 A.D.2d 877, 629 N.Y.S.2d 358). The court properly denied summary judgment to both pa......