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DE VEGLIO v. CASCADE INDUS. UNIF. SUPPLY CO., INC.

12 A.D.2d 980 (1961)

Lawrence De Veglio, Plaintiff, v. Cascade Industrial Uniform Supply Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Trunz, Inc., Third-Party Defendant-Appellant

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

February 27, 1961

Order reversed on the law, with $10 costs and disbursements, and motion granted.

No questions of fact were presented or considered. Under the complaint in the main action, which cannot reasonably be interpreted as including an allegation of passive negligence, the third-party plaintiff may be held liable only upon proof that it was guilty of active negligence in creating the condition which is alleged to have caused the accident. Consequently the third-party complaint...

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