Hyperlawhypertext legal database Kelly v. Long Island Lighting Co. 36 A.D.2d 734

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Kelly v. Long Island Lighting Co.

36 A.D.2d 734 Court N.Y. App. Div. Decision date 1971-04-05 English

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p. 822
Willis Kelly et al., Respondents, v. Long Island Lighting Co., Appellant; Herrick Manor, Inc., Defendant and Third-Party Plaintiff-Respondent-Appellant, et al., Defendants, et al., Third-Party Defendant.
p. 823
In my opinion, its failure to request that relief in its brief does not warrant a conclusion that it has waived its right to it, particularly in a case like this where its right is so clear and the result of such alleged waiver so drastic as to defeat an entire cause of action whose dismissal was appealable and in fact appealed.