Appellate Division of the Supreme Court of New York, 1956

Bunchez v. Astoria-Star Welding Service, Inc.

Bunchez v. Astoria-Star Welding Service, Inc.
Appellate Division of the Supreme Court of New York · Decided April 24, 1956
1 A.D.2d 947; 150 N.Y.S.2d 760; 1956 N.Y. App. Div. LEXIS 5686
Bunchez v. Astoria-Star Welding Service, Inc.

Opinion of the Court

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. The third-party complaint is legally sufficient. Upon all the pleadings, a triable issue is presented as to whether the sole proximate cause of the accident was the primary or active negligence of the third-party defendant and whether the negligence, if any, of the third-party plaintiff was secondary or passive. Concur — Breitel, J. P., Rabin, Cox, Frank and Bastow, JJ.

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