HEWLETT ARCADE V. FIVE TOWNS REFRIGERATION CORP. 159 N.Y.S.2d 771 (1957) CASE BRIEF

HEWLETT ARCADE V. FIVE TOWNS REFRIGERATION CORP.

159 N.Y.S.2d 771 (1957)

NATURE OF THE CASE: This was an action for property damage.

FACTS: P sued Brandt & Co. (D) to recover damages for an explosion of an oil burner that P had contracted with D to maintain, and Five Towns (D1) who was employed by D to service the equipment. The trial court instructed the jury that they might find liability against either D or D1 or against both of them. The jury rendered a verdict for P against D, and in favor of D1 against P and in favor of D1 against D on a cross complaint. D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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