Middleton v. City of New York

Full title: ALFRED MIDDLETON, as Administrator of the Estate of ALBERT MIDDLETON…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 21, 1949

276 App. Div. 780 (N.Y. App. Div. 1949)

Opinion

November 21, 1949.

In an action for negligence, resulting in a death and injuries, defendant City of New York served a complaint, claiming over against defendants-appellants. The latter appeal from an order denying their motion to dismiss the said complaint as against them. Order reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. A cross complaint cannot be sustained in favor of one joint tort-feasor against another in pari delicto. Johnston, Acting P.J., Adel, Wenzel and MacCrate, JJ., concur; Sneed, J., dissents and votes to affirm. (Civ. Prac. Act, § 193-a.)