# Rivera v. Berkeley Super Wash, Inc.

> Appellate Division of the Supreme Court of the State of New York · April 15, 1974 · 44 A.D.2d 316

URL: https://www.frixlaw.com/law-library/cases/5791755

## Case

- **Full name:** Alberto Rivera, Sr. v. Berkeley Super Wash, Inc., and Third-Party , Defendant Bock Laundry Machine Company, and Third-Party , Third-Party
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 15, 1974
- **Citations:** 44 A.D.2d 316; 354 N.Y.S.2d 654; 1974 N.Y. App. Div. LEXIS 5245
- **Precedential status:** Published
- **Opinion:** Concurrence by Christmunder
- **Judges:** Benjamin, Christ, Cohalan, Munder, Shapiro
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5791755

## Opinion text

Christ and Munder, JJ.,
concur with ¡Shapiro, Acting P. J.; Cohalan .and Benjamin, JJ., dissent and vote to reverse the order, to deny plaintiffs’ motion and to grant the cross motion of defendant Bock Laundry Machine Company, with separate opinions.
Order modified, on the law, (1) iby inserting in the first decretal paragraph thereof, immediately after the passage that plaintiffs’ motion for leave to add two causes of action to their amended complaint, as the fifth and sixth causes, is granted, the following: “ as to the proposed fifth cause of action and • denied as to the proposed sixth cause of action”; and (2) by striking from the third decretal paragraph thereof, which denied appellant’s cross motion, the word “ denied ” and substituting therefor the word “ granted ”. As so modified, order affirmed, with $20 costs and disbursements to the plaintiffs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5791755. Public record. Not legal advice.