BRODERICK v. CAULDWELL-WINGATE CO., INC.


281 A.D. 904 (1953)

Timothy F. Broderick, Plaintiff, v. Cauldwell-Wingate Co., Inc., et al., Defendants Cauldwell-Wingate Co., Inc., Third-Party Plaintiff-Respondent-Appellant, v. Brennan & Sloan, Inc., Third-Party Defendant-Appellant-Respondent

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

March 30, 1953.


Order modified by striking from the first ordering paragraph the word "denied" and by substituting therefor the word "granted". As so modified, the order is affirmed, with $10 costs and disbursements to the third-party defendant. The contract does not by unequivocal language grant indemnity to the third-party plaintiff for its own negligence. If its negligent act for which it was cast in damages be an act of assurance or an assumption of control, or both, its negligence was...

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