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MINER v. LONG ISLAND LIGHTING CO.

38 A.D.2d 859 (1972)

Edwin Miner et al., Plaintiffs, v. Long Island Lighting Company, Defendant and Third-Party Plaintiff-Appellant. Floral Park Landscaping Co., Inc., Third-Party Defendant-Respondent

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

February 28, 1972

Order reversed, with $10 costs and disbursements, and motion denied.

The main complaint alleges that plaintiff Edward Miner, an employee of the third-party defendant, Floral Park Landscaping Co., Inc., was injured while trimming a tree when he came in contact with overhead electric wires owned and maintained by defendant, Long Island Lighting Company. By its third-party action, the latter seeks indemnification from Floral Park for any recovery had against it. In our...

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