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STARK v. BD. OF EDUC., UTICA

28 Misc.2d 1043 (1961)

Anne M. Stark, as Administratrix of The Estate of Joseph Stark, Deceased, Plaintiff, v. Board of Education of the Utica City School District, Defendant and Third-Party Plaintiff. John Fessia et al., Third-Party Defendants.

Supreme Court, Oneida County.

July 26, 1961

Attorney(s) appearing for the Case

Bartle Gorman for John Fessia, third-party defendant. Ferris, Kehoe & Cardamone for defendant and third-party plaintiff.

BERT B. LOCKWOOD, J.

The defendant, John Fessia (hereinafter referred to as "Fessia"), has moved to dismiss the third-party complaint of the plaintiff, Board of Education of the Utica City School District (hereinafter referred to as "board").

Involved on this motion is the question of the right to indemnity based on distinctions between "active" and "passive" negligence. The original action is brought by plaintiff's intestate against the defendant...

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