Order entered October 9, 1967, unanimously reversed, on the law, with $50 costs and disbursements to appellant, and the motion to dismiss the third-party complaint granted.
"Where the defendant is alleged to be guilty only of active as distinguished from passive negligence, impleader is improper as a matter of law, since an actively negligent tort-feasor is not entitled to indemnity (see, e.g., Messaro v. Long Is. R. R. Co., 274 App. Div. 939)". (Putvin...
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