Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BEN SZAREWICZ v. ALBORO CRANE RENTAL CORP. ET AL. (07/09/68)

July 9, 1968

BEN SZAREWICZ, PLAINTIFF,
v.
ALBORO CRANE RENTAL CORP. ET AL., DEFENDANTS. ALBORO CRANE RENTAL CORP., THIRD-PARTY PLAINTIFF-RESPONDENT, V. HARROD STEEL ERECTION CO., INC., THIRD-PARTY DEFENDANT-APPELLANT



Concur -- Stevens, J. P., Eager, Capozzoli, McGivern and McNally, JJ.

Order entered October 9, 1967, unanimously reversed, on the law, with $50 costs and disbursements to appellant, and the motion to dismiss the third-party complaint granted. "Where the defendant is alleged to be guilty only of active as distinguished from passive negligence, impleader is improper as a matter of law, since an actively negligent tort-feasor is not entitled to indemnity (see, e.g., Messaro v. Long Is. R. R. Co., 274 App. Div. 939)". (Putvin v. Buffalo Elec. Co., 5 N.Y.2d 447, 455.) Moreover, in the absence of a specific agreement to assume responsibility for the negligence of the third-party plaintiff, the indemnity agreement "falls far short of that unequivocal expression of an intention to indemnify" required by the precedents. (Bernardo v. Fordham Hoisting Co., 6 A.D.2d 619, 621.)

19680709

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.