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Flynn v. Patent Scaffolding Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1942
265 App. Div. 956 (N.Y. App. Div. 1942)

Opinion

December 22, 1942.


In this action appellant and respondent were sued by plaintiff for damages resulting from negligence. The respondent served a cross-complaint on the appellant, demanding indemnity and requesting that the ultimate rights of the defendants be determined pursuant to section 264 of the Civil Practice Act. Upon the rendition of a verdict in favor of the plaintiff against respondent and in favor of appellant, the trial court dismissed the cross-complaint. Order denying appellant's motion to have costs in its favor taxed against respondent affirmed, with ten dollars costs and disbursements to respondent, since it appears that appellant sought such taxation of costs as a matter of right pursuant to section 1475 of the Civil Practice Act. Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.


Summaries of

Flynn v. Patent Scaffolding Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1942
265 App. Div. 956 (N.Y. App. Div. 1942)
Case details for

Flynn v. Patent Scaffolding Co., Inc.

Case Details

Full title:EUGENE J. FLYNN v. PATENT SCAFFOLDING CO., INC., Appellant, and FEDERAL…

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

Date published: Dec 22, 1942

Citations

265 App. Div. 956 (N.Y. App. Div. 1942)

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