Appellate Division of the Supreme Court of New York, 1955

Bressingham v. City of New York

Bressingham v. City of New York
Appellate Division of the Supreme Court of New York · Decided June 14, 1955
286 A.D. 811; 143 N.Y.S.2d 621; 1955 N.Y. App. Div. LEXIS 4202
Bressingham v. City of New York

Opinion of the Court

Judgment affirmed. No opinion. Concur — Peck, P. J., Cohn, Breitel and Bastow, JJ.; Callahan, J., dissents and votes to reverse insofar as the judgment dismisses the third-party complaint of the appellant Marosy Plumbing & Heating Co., Inc., against the third-party defendant Naclerio Contracting Co., Inc. Judgment over should be awarded appellant Marosy against Naclerio on the ground that the evidence discloses that the negligence of the latter was the primary cause of the accident, and the negligence of Marosy was secondary and passive.

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