GLASGOW v. DRAKES


5 A.D.2d 693 (1957)

Ena I. Glasgow et al., Plaintiffs, v. Mabel Drakes, Appellant, and Brooklyn Union Gas Company, Respondent

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

December 23, 1957


Order affirmed, with $10 costs and disbursements.

In our opinion, the Special Term was justified in holding that the cross complaint failed to set forth allegations other than charges that appellant and respondent were joint tort-feasors, actively negligent without charging that either was only passively negligent. The Special Term also properly held that the cross complaint stated insufficient facts to sustain a claim of indemnification by merely alleging that the...

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