[Download] "John J. Kelly Et Al. v. Chester Yannotti Et Al." by Court of Appeals of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: John J. Kelly Et Al. v. Chester Yannotti Et Al.
• Author : Court of Appeals of New York
• Release Date : January 25, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

[4 N.Y.2d 603 Page 605] Plaintiffs, owners of a dwelling house in Locust Valley, New York, brought action for property damages arising out of the
alleged negligence of the defendants while operating a crane on plaintiffs' front lawn for the digging of a cesspool. According
to plaintiffs' complaint, the defendants caused the crane to clamp onto the underground gas main which ran from the street
through the front yard of the plaintiffs' premises and into the dwelling house, causing a sudden inrush of gas under high
pressure, through the gas main, resulting in an explosion which blew out the sides of the house and blew the house off its
foundation. Defendant-respondent impleaded the third-party defendant (insurance company), alleging that the third-party defendant
issued a policy of insurance under which it was obligated to indemnify the defendant-respondent if the latter were found liable
to the plaintiffs. In its answer, the third-party defendant alleged, in effect, that the "explosion" involved in the main
action was not covered by the policy of insurance. The combined action was noticed for trial and a jury demanded. Thereupon,
the third-party defendant, envisaging a trial which would be infected with prejudice, moved, under section 96 of the Civil
Practice Act, to sever the main action from the third-party action.

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