Berg v. Town of Huntington

Full title: MARGARET A. BERG, an Infant by ROBERT BERG, Her Guardian ad Litem…

Court: Court of Appeals of the State of New York

Date published: Dec 30, 1959

164 N.E.2d 871 (N.Y. 1959)

164 N.E.2d 871

196 N.Y.S.2d 1001

Opinion

Argued October 5, 1959

Decided December 30, 1959

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HOWARD T. HOGAN, J.

Richard C. Cahn, Charles T. Matthews and Irving Cahn for appellant and third-party plaintiff-appellant.

Sidney J. Loeb and M. MacDonald Robison for respondent and third-party defendant-respondent.

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.