Berg v. Town of Huntington

New York Court of Appeals December 30, 1959

Berg v. Town of Huntington, 7 N.Y.2d 871 (N.Y. 1959)

164 N.E.2d 871

Opinion

Judgment affirmed, with costs. Since the town may here be held liable in damages to plaintiff only on evidence that it was guilty solely of active negligence, the town is not privileged to proceed against other alleged tort-feasors. Consequently, its cross claim and third-party complaint were properly dismissed. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.

Reference

Full Case Name: Margaret A. Berg, an Infant by Robert Berg, Her Guardian Ad Litem, Plaintiff, and Robert Berg, Respondent, v. Town of Huntington, Appellant, Et Al., Defendant. Town of Huntington, Third-Party Plaintiff-Appellant, v. Margaret Berg, Third-Party Defendant-Respondent
Status: Published