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SANDS v. KLEIN

8 A.D.2d 836 (1959)

Sondra Sands et al., Plaintiffs, v. Madeline V. Klein, as Executrix of Samuel M. Klein, Deceased, Doing Business as Kew Gardens General Hospital, Appellant, and Sanford Kaminester, Respondent

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

June 15, 1959

Order affirmed, with $10 costs and disbursements.

In our opinion, the allegations of active negligence charged against appellant and respondent justify the conclusion that they are joint tort-feasors in pari delicto and, therefore, the cross complaint is insufficient. (Fox v. Western New York Motor Lines, 257 N.Y. 305; Middleton v. City of New York, 276 App. Div. 780, affd. 300 N.Y. 732.)

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