Smith v. Kollner's Inc.

Appellate Division of the Supreme Court of New York

Smith v. Kollner's Inc.

14 A.D.2d 928, 222 N.Y.S.2d 21, 1961 N.Y. App. Div. LEXIS 7686

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

DecidedNovember 27, 1961

StatusPublished

This text of 14 A.D.2d 928 (Smith v. Kollner's 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

Smith v. Kollner's Inc., 14 A.D.2d 928, 222 N.Y.S.2d 21, 1961 N.Y. App. Div. LEXIS 7686 (N.Y. Ct. App. 1961).

Pincite

Opinion

The amended complaint in the main action cannot reasonably be interpreted as including an allegation of passive negligence on the part of defendant White Rock of Nassau, Inc. Hence, it may be held liable only upon proof that it was guilty of active negligence. In such circumstances it is not entitled to be indemnified by a codefendant (Putvin v. Buffalo Elec. Co., 5 N Y 2d 447; Harrington v. 615 West Corp., 2 N Y 2d 476, 483; De Veglio v. Cascade Ind. Uniform Supply Co., 12 A D 2d 980). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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The amended complaint in the main action cannot reasonably be interpreted as including an allegation of passive negligence on the part of defendant White Rock of Nassau, Inc. Hence, it may be held liable only upon proof that it was guilty of active negligence. In such circumstances it is not entitled to be indemnified by a codefendant (Putvin v. Buffalo Elec. Co., 5 N Y 2d 447; Harrington v. 615 West Corp., 2 N Y 2d 476, 483; De Veglio v. Cascade Ind. Uniform Supply Co., 12 A D 2d 980). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

14 A.D.2d 928, 222 N.Y.S.2d 21, 1961 N.Y. App. Div. LEXIS 7686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-kollners-inc-nyappdiv-1961.