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McCANTS v. WILMORITE, INC.

9 A.D.2d 724 (1959)

Charles McCants, Plaintiff, v. Wilmorite, Inc., Defendant Charles McCants, Plaintiff, v. Suburban Heights Development Corp., Defendant Wilmorite, Inc., et al., Third-Party Plaintiffs-Appellants, v. Mafaldo Passero, Doing Business as State Construction Company, Third-Party Defendant-Respondent

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

October 30, 1959

Order reversed, with $10 costs and disbursements, and motion denied, without costs.

Memorandum:

Special Term dismissed the third-party complaint on the theory that plaintiff's claim arose from a violation of section 241 of the Labor Law and, therefore, there could be no indemnity as a matter of law (Rufo v. Orlando, 309 N.Y. 345). The main complaint contains allegations of both passive and active negligence, although...

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