Vaughan v. Globe Neon Sign Co.

Appellate Division of the Supreme Court of New York

Vaughan v. Globe Neon Sign Co.

10 A.D.2d 568, 195 N.Y.S.2d 420, 1960 N.Y. App. Div. LEXIS 12027

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

DecidedJanuary 26, 1960

StatusPublished

Cited by1 cases

This text of 10 A.D.2d 568 (Vaughan v. Globe Neon Sign Co.) 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.

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Vaughan v. Globe Neon Sign Co., 10 A.D.2d 568, 195 N.Y.S.2d 420, 1960 N.Y. App. Div. LEXIS 12027 (N.Y. Ct. App. 1960).

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Opinion

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion to dismiss the third-party complaint on the ground of insufficiency is granted, with $10 costs. A reading of the complaint, as well as the third-party pleading, requires the conclusion that the third-party plaintiff, if liable at all, can only be held responsible as an active or primary tort-feasor. Under the circumstances a judgment over could not be sustained. (See Putvin v. Buffalo Elec. Co., 5 N Y 2d 447, 456-457.) Concur —Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion to dismiss the third-party complaint on the ground of insufficiency is granted, with $10 costs. A reading of the complaint, as well as the third-party pleading, requires the conclusion that the third-party plaintiff, if liable at all, can only be held responsible as an active or primary tort-feasor. Under the circumstances a judgment over could not be sustained. (See Putvin v. Buffalo Elec. Co., 5 N Y 2d 447, 456-457.) Concur —Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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10 A.D.2d 568, 195 N.Y.S.2d 420, 1960 N.Y. App. Div. LEXIS 12027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughan-v-globe-neon-sign-co-nyappdiv-1960.

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