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REGO v. CITY OF NEW YORK

285 A.D. 834 (1955)

Daniel E. Rego, Plaintiff, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. Hillers-Thompson Company, Third-Party Defendant-Appellant

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

January 24, 1955.

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

The contract may not be construed to indemnify the city against its own negligence. While the contractor undertook the additional expense, loss, risk and damage due to the opening of the garage, it may not be inferred from the language of the contract that the contractor assumed the cost of accidents due to the negligence of the city in maintaining a defective...

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