BERG v. TOWN OF HUNTINGTON


7 N.Y.2d 871 (1959)

Margaret A. Berg, an Infant by Robert Berg, Her Guardian ad Litem, Plaintiff, and Robert Berg, Respondent, v. Town of Huntington, Appellant, et al., Defendant. Town of Huntington, Third-Party Plaintiff-Appellant, v. Margaret Berg, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1959.


Attorney(s) appearing for the Case

Richard C. Cahn, Charles T. Matthews and Irving Cahn for appellant and third-party plaintiff-appellant.

Sidney J. Loeb and M. MacDonald Robison for respondent and third-party defendant-respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.


Judgment affirmed, with costs. Since the town may here be held liable in damages to plaintiff only on evidence that it was guilty solely of active negligence, the town is not privileged to proceed against other alleged tort-feasors. Consequently, its cross claim and third-party complaint were properly dismissed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases