FLORY v. ELMIRA HOTEL OP. CORP.


5 A.D.2d 315 (1958)

Patricia L. Flory, Plaintiff, v. Elmira Hotel Operating Corporation et al., Defendants and Third-Party Plaintiffs-Respondents. Helen Kleiner, Third-Party Defendant-Appellant, and Louise Rice, Third-Party Defendant

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

March 27, 1958.


Attorney(s) appearing for the Case

George O'Hanlon for third-party defendant-appellant.

Ralph S. Cramer for defendants and third-party plaintiffs-respondents.

FOSTER, P. J., COON and GIBSON, JJ., concur.


BERGAN, J.

This is a claim of liability over asserted by third-party plaintiffs which is not only classic in type, but which follows somewhat clearer and sharper lines than many of the cases which have served to illustrate the differences between "active" and "passive" negligence.

Plaintiff was sitting in an automobile on a public street in front of the Mark Twain Hotel in Elmira. The complaint alleges...

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