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NORR v. SPIEGLER

44 N.Y.2d 809 (1978)

Charmaine Norr, Plaintiff, v. Enrique Spiegler, Defendant and Third-Party Plaintiff-Respondent. City of New York, Third-Party Defendant-Appellant, et al., Third-Party Defendant. (And a Fourth-Party Action.)

Court of Appeals of the State of New York.

Decided May 4, 1978.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Bernard Burstein and L. Kevin Sheridan of counsel), for appellant.

Norman Bard and Steven C. Mandell for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It is true, as the dissenters at the Appellate Division noted, that Beth Israel undertook to indemnify the city for malpractice claims against hospital employees. However, that agreement could not undercut the primary obligation created between the city and the defendant employee by section 50-d of the General Municipal Law.

As...

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