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LABATE v. FORT TRYON APARTMENTS, INC.

2 A.D.2d 960 (1956)

Salvatore Labate, Respondent, v. Fort Tryon Apartments, Inc., et al., Defendants, and Rosen & Rosen Brick Masons, Inc., Defendant and Third-Party Plaintiff-Respondent. Falco Concrete Co., Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

December 11, 1956

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, with leave to the third-party plaintiff to replead.

If plaintiff should prevail upon the allegations of his complaint against the third-party plaintiff, there would be no basis for a claim over against the third-party defendant-appellant. The allegations of the complaint charge the third-party plaintiff with active negligence and primary responsibility for an unsafe...

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