SMITH v. KOLLNER'S INC.


14 A.D.2d 928 (1961)

Donna Smith, an Infant by Chester Smith, Her Guardian ad Litem, et al., Plaintiffs, v. Kollner's Inc., et al., Appellants, and White Rock of Nassau, Inc., Respondent

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

November 27, 1961


Orders reversed, without costs; motions granted, and cross complaint against defendants Kollner's, Inc., and Canada Dry Corporation dismissed, without costs.

The amended complaint in the main action cannot reasonably be interpreted as including an allegation of passive negligence on the part of defendant White Rock of Nassau, Inc. Hence, it may be held liable only upon proof that it was guilty of active negligence. In such circumstances it is not entitled to be indemnified...

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