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MARZELLA v. CARLSON HOIST & MACH. CO.

280 A.D. 955 (1952)

Christopher Marzella et al., Plaintiffs, v. Carlson Hoist & Machine Company, Defendant and Third-Party Plaintiff-Appellant. Isadore Rosen & Sons, Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 27, 1952.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

The complaint alleges acts and omissions, upon proof of some of which appellant might be held liable for passive negligence, or for secondary liability, by reason of active negligence or primary liability on the part of respondent. Under such circumstances the third-party complaint should not have been dismissed. (See Robinson v. Binghamton...

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