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BRAUN v. CITY OF NEW YORK

17 A.D.2d 264 (1962)

Lillian Braun, Individually and as Administratrix of The Estate of Edward Braun, Deceased, et al., Plaintiffs, v. City of New York et al., Defendants. Consolidated Edison Company of New York, Inc., Third-Party Plaintiff-Appellant, v. Hatzel & Buehler, Inc., Third-Party Defendant-Respondent Bertha Landwer, Individually and as Administratrix of The Estate of Henry Landwer, Deceased, Plaintiff, v. City of New York et al., Defendants. Consolidated Edison Company of New York, Inc., Third-Party Plaintiff-Appellant, v. Hatzel & Buehler, Inc., Third-Party Defendant-Respondent

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

November 27, 1962.

Attorney(s) appearing for the Case

John M. Keegan of counsel (Raymond J. O'Connor with him on the brief), for appellant.

Harold Klein of counsel (Harry Schechter and Raymond C. Green with him on the brief; Joseph M. Soviero, attorney), for respondent.

STEVENS, EAGER, STEUER and BERGAN, JJ., concur.

BREITEL, J. P.

These appeals involve the legal sufficiency of identical third-party complaints in two wrongful death actions. The issue turns on whether one of the original defendants, Consolidated Edison, could be held liable under the tort complaints for a breach of its duty to plaintiffs' decedents, for which it, in turn, could obtain indemnity from the third-party defendant, an electrical subcontractor, Hatzel...

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