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FELDMAN v. CHOCK FULL O'NUTS CORP.

24 A.D.2d 511 (1965)

Ellie Feldman et al., Plaintiffs, v. Chock Full O'Nuts Corp. et al., Defendants. Chock Full O'Nuts Corp., Third-Party Plaintiff-Respondent, et al., Third-Party Plaintiff, et al., Third-Party Defendant; and Marblecraft Corp., Third-Party Defendant-Appellant

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

June 28, 1965

Judgment, insofar as appealed from, reversed on the law, with costs, and third-party complaint dismissed, with costs.

The findings of fact implicit in the jury's verdict are affirmed. There is no proof that the third-party plaintiff was not guilty of active negligence either alone or concurrently with the third-party defendant (see Employers Mut. Liab. Ins. Co. v. Di Cesare & Monaco Concrete Constr. Corp.,

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