Regan v. American Stevedores, Inc.

Appellate Division of the Supreme Court of New York

Regan v. American Stevedores, Inc.

16 A.D.2d 908, 228 N.Y.S.2d 938, 1962 N.Y. App. Div. LEXIS 9112

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1962

StatusPublished

This text of 16 A.D.2d 908 (Regan v. American Stevedores, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Regan v. American Stevedores, Inc., 16 A.D.2d 908, 228 N.Y.S.2d 938, 1962 N.Y. App. Div. LEXIS 9112 (N.Y. Ct. App. 1962).

Pincite

Opinion

Order entered on September 21, 1961 denying motion of third-party defendant to dismiss the third-party complaint unanimously reversed on the law, with $20 costs and disbursements to the appellant, the motion granted and the third-party complaint dismissed. The complaint in this action charged the third-party plaintiff solely with acts which would constitute active or primary negligence. There is nothing alleged in the complaint which could impose [909]*909liability on the third-party plaintiff by reason of passive or secondary negligence. Under such circumstances there is no right to implied indemnity against the third-party defendant (Bush Term. Bldgs, v. Luckenbach S. S. Co., 9 N Y 2d 426, 430). Concur — Breitel, J. P., Rabin, Valente, McNally and Stevens, JJ.

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Order entered on September 21, 1961 denying motion of third-party defendant to dismiss the third-party complaint unanimously reversed on the law, with $20 costs and disbursements to the appellant, the motion granted and the third-party complaint dismissed. The complaint in this action charged the third-party plaintiff solely with acts which would constitute active or primary negligence. There is nothing alleged in the complaint which could impose [909]*909liability on the third-party plaintiff by reason of passive or secondary negligence. Under such circumstances there is no right to implied indemnity against the third-party defendant (Bush Term. Bldgs, v. Luckenbach S. S. Co., 9 N Y 2d 426, 430). Concur — Breitel, J. P., Rabin, Valente, McNally and Stevens, JJ.

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Bluebook (online)

16 A.D.2d 908, 228 N.Y.S.2d 938, 1962 N.Y. App. Div. LEXIS 9112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regan-v-american-stevedores-inc-nyappdiv-1962.