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HARRINGTON v. 615 WEST CORP.

1 A.D.2d 435 (1956)

Elizabeth Harrington et al., Respondents, v. 615 West Corp., Appellant, and David Katz et al. Doing Business as Starlight Painting Company, Appellants-Respondents

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

May 8, 1956.

Attorney(s) appearing for the Case

Arthur C. Parker of counsel (William J. Tropp, attorney), for appellant.

James A. Doherty, Jr., of counsel (Doherty & Doherty, attorneys), for appellants-respondents.

Lawrence Robert Wild for respondents.

PECK, P. J., and COX, J., concur with FRANK, J.; BOTEIN, J., dissents and votes to affirm in opinion, in which RABIN, J., concurs.

FRANK, J.

In this negligence action, plaintiff was awarded judgment against the defendants after a nonjury trial. There is ample proof in the record to sustain the judgment insofar as the plaintiff is concerned.

On this appeal, the crucial problem involves the right of defendant 615 West Corp. to indemnification from defendants David Katz and Morris Weinberg, doing business as Starlight Painting Company...

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