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Nesbitt v. Nimmich

Court of Appeals of the State of New York
Mar 16, 1972
30 N.Y.2d 622 (N.Y. 1972)

Summary

In Nesbitt v. Nimmich (30 N.Y.2d 622) the Court of Appeals addressed itself to a similar situation which bears analysis as it relates to some degree to the instant question.

Summary of this case from Walsdorf v. Miller

Opinion

Submitted February 14, 1972

Decided March 16, 1972

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS P. FARLEY, J.

Austin M. Cahill and George W. Kelly for appellant.

Herman J. McCarthy for respondent.


Order affirmed, without costs, on the opinion at the Appellate Division. Question certified answered in the affirmative.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI dissents and votes to reverse on the dissenting opinion at the Appellate Division.


Summaries of

Nesbitt v. Nimmich

Court of Appeals of the State of New York
Mar 16, 1972
30 N.Y.2d 622 (N.Y. 1972)

In Nesbitt v. Nimmich (30 N.Y.2d 622) the Court of Appeals addressed itself to a similar situation which bears analysis as it relates to some degree to the instant question.

Summary of this case from Walsdorf v. Miller

In Nesbitt, the first action was brought by Hoyt against Nesbitt and Nimmich; the jury rendered a verdict in favor of Hoyt against Nimmich only.

Summary of this case from Walsdorf v. Miller
Case details for

Nesbitt v. Nimmich

Case Details

Full title:EUGENE R. NESBITT, Appellant, v. FRED H. NIMMICH, Respondent, et al.…

Court:Court of Appeals of the State of New York

Date published: Mar 16, 1972

Citations

30 N.Y.2d 622 (N.Y. 1972)
331 N.Y.S.2d 438
282 N.E.2d 328

Citing Cases

Walsdorf v. Miller

It is this contention that the court herein rejects. In Nesbitt v. Nimmich ( 30 N.Y.2d 622) the Court of…

United St. F. I. C. v. G

Respondent not having had his day in court in the original action (see Nesbitt v. Nimmich, 30 N.Y.2d 622;…