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BOSCO v. DALY'S ASTORIA SANATORIUM

36 Misc.2d 873 (1962)

Rena Bosco et al., Plaintiffs, v. Daly's Astoria Sanatorium, Inc. et al., Defendants.

Supreme Court, Special Term, Kings County.

October 15, 1962

Attorney(s) appearing for the Case

Dominick R. Peluso for Vincent Panvini, defendant. Herbert S. Kassner for plaintiffs. Martin Selig for Daly's Astoria Sanatorium, defendant. Martin, Clearwater & Bell for Joseph Drago, defendant.

LOUIS B. HELLER, J.

In this malpractice action defendant Panvini moves for leave to amend his answer to include a cross complaint for indemnity, against codefendant Daly's Astoria Sanatorium, Inc.

An analysis of the main complaint discloses that the recovery sought against defendant Panvini is, under the allegations of that complaint, based solely upon active tort feasance. Those allegations of the complaint, charging negligence, to which specific...

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