Rothstein v. Milleridge Inn – Case Brief Summary (New York)

In Rothstein v. Milleridge Inn, 251 A.D.2d 154, 674 N.Y.S.2d 346 (1st Dept. 1998), plaintiff filed a slip and fall negligence action against a parking lot owner and the owner filed a third-party action against the snow and ice removal contractor.

The Court found that the trial court abused its discretion by severing the third-party action from the main action, as the defendant parking lot owner would be prejudiced.

The trier of fact could not properly determine whether the owner had negligently maintained the parking lot without considering whether the contractor used due care in removing the snow and ice. See id.

New York Case Brief Contractors Negligence Prejudice Slip and Fall Injuries Third Party Third Party Caim/Action/Complaint Trier of Fact / Finder of Fact

why use lawpipe ?

The largest case briefs database in the U.S (over 60,000 case briefs).
New case briefs and articles updated monthly edited by experts.
Our legal database contains only important rulings and decisions, to ensure efficient and faster legal research.
Our search engine recommends only highly relevant briefs or articles, bypassing the need to browse through hundreds (and sometimes thousands!) of Irrelevant search results.
Search from 2,000+ legal terms keyed to our case briefs and articles, For each term, we show you every case brief and article in our database that relates to that term.