Sasso v. Santevecchi

Appellate Division of the Supreme Court of New York

Sasso v. Santevecchi

15 A.D.2d 964, 226 N.Y.S.2d 607, 1962 N.Y. App. Div. LEXIS 10826

Appellate Division of the Supreme Court of the State of New York·Decided March 26, 1962·Published

Opinion

In our opinion, in the main complaint the defendant and third-party plaintiff is charged only with active negligence, not with the omission or failure to perform a nondelegable duty (Putvin v. Baffalo Elec. Co., 5 N Y 2d 447). The third-party complaint is a “ complete disavowal of negligence on the part of the defendant and third-party plaintiff, thus eliminating any possible premise upon which the original plaintiff could obtain a judgment against the third-party plaintiff” (Kile v. Riefler Bros. Contrs., 282 App. Div. 1000). Beldock, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.

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In our opinion, in the main complaint the defendant and third-party plaintiff is charged only with active negligence, not with the omission or failure to perform a nondelegable duty (Putvin v. Baffalo Elec. Co., 5 N Y 2d 447). The third-party complaint is a “ complete disavowal of negligence on the part of the defendant and third-party plaintiff, thus eliminating any possible premise upon which the original plaintiff could obtain a judgment against the third-party plaintiff” (Kile v. Riefler Bros. Contrs., 282 App. Div. 1000). Beldock, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.

Sasso v. Santevecchi, 15 A.D.2d 964, 226 N.Y.S.2d 607, 1962 N.Y. App. Div. LEXIS 10826 (N.Y. Ct. App. 1962).

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Opinion

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