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PIMM v. UTILS. CONTRACTORS, INC.

27 A.D.2d 700 (1967)

Floyd Pimm, Plaintiff, v. Utilities Contractors, Inc., Defendant and Third-Party Plaintiff-Appellant. Wheeler Reflector Company, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

January 12, 1967

Order unanimously reversed and motion denied, all without costs.

Memorandum:

We said in Donnelly v. Rochester Gas & Elec. Corp. (21 A.D.2d 740): "It is not clear that the plaintiff cannot recover from the defendant Rochester Gas and Electric Corporation on the basis of passive negligence. That being so, the second cause of action in the third-party complaint was improperly dismissed as insufficient in law. This...

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