Masterson v. P. & H. Harnischfeger Corp.
Opinion of the Court
Order, Supreme Court, New York County, entered on January 6, 1972, unanimously reversed, on the law, without costs and without disbursements, and the motion of third-party defendant-respondent to dismiss the cause of action stated against it by third-party plaintiff-appellant denied, and the cause reinstated. Special Term, deciding the motion before the decision in Dole v. Dow Chem. Co. (30 N Y 2d 143) relied, in dismissing, upon the active-passive negligence doctrine. A different evaluation of the third-party claim is now required. (See, also, Wood v. City of New York, 39 A D 2d 534; Frey v.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.