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CARLONE v. HARTSDALE CONSTR. CORP.

23 Misc.2d 219 (1960)

Joseph Carlone, Plaintiff, v. Hartsdale Constr. Corp. et al., Defendants. Hartsdale Constr. Corp. et al., Third-Party Plaintiffs, v. B & A Carpenters, Inc., Third-Party Defendants.

Supreme Court, Trial Term, Bronx County.

April 4, 1960.

Attorney(s) appearing for the Case

William J. Kenney and Alexander, Ash & Schwartz (Sidney A. Schwartz of counsel), for Hartsdale Construction Corp. and others, third-party plaintiffs.

John P. Smith and John P. Stephens for B & A Carpenters, Inc., defendant.

WILLIAM LYMAN, J.

The third-party plaintiff, Harry Jereski, Inc., the general contractor, seeks to recover judgment over against the third-party defendant, B & A Carpenters, Inc., the subcontractor, by reason of (1) an express contract of indemnity and (2) active-passive negligence.

While the court finds that the third-party defendant was guilty of negligence, it is clear that in the light of the...

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