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PETRO v. EISENBERG

207 Misc. 380 (1955)

James Petro, an Infant, by His Guardian ad Litem, Michael Petro, et al., Plaintiffs, v. Irving Eisenberg et al., Defendants.

Supreme Court, Special Term, Queens County.

February 7, 1955.

Attorney(s) appearing for the Case

Frederick Mellor and Daniel J. Coughlin for Irving Eisenberg, defendant.

Arleigh Pelham, defendant in person.

HALLINAN, J.

Although the cross complaint interposed by the defendant Pelham is conclusory (Shass v. Abgold Realty Corp., 277 App. Div. 346), the challenge of its legal sufficiency by the defendant Eisenberg is limited to the claim that no judgment over may be awarded in favor of one joint tort-feasor against another, where the negligent acts of the party seeking such indemnity concurred in the wrong which...

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