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BROWN v. GEORGE A. FULLER CO.

3 A.D.2d 830 (1957)

Alverna Brown, as Administratrix of The Estate of George B. Brown, Deceased, Plaintiff, v. George A. Fuller Co. et al., Defendants George A. Fuller Co. et al., Third-Party Plaintiffs, v. Drachman Demolition Co., Inc., Third-Party Defendant James L. Getomer, Doing Business as A & P Crane Rental Co., Third-Party Plaintiff-Respondent, v. Drachman Demolition Co., Inc., Third-Party Defendant-Appellant

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

April 23, 1957

The first cause of action in the third-party complaint is sufficient. The original complaint charges defendant Getomer with acts of negligence, some of which, depending upon the proof at the trial, may establish secondary liability as compared with possible primary liability of the third-party defendant Drachman Demolition Co., Inc. However, the second cause of action in the third-party complaint which seeks recovery based upon contractual indemnity is not sufficient. It...

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