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Melodee Lane Lingerie Co. v. American District Telegraph Co.

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 1965
23 A.D.2d 739 (N.Y. App. Div. 1965)

Opinion

April 15, 1965


Judgment unanimously modified on the law and on the facts, to the extent of striking therefrom the provision that defendants 970 Kent Ave. Corp. and Grosfeld House, Inc., have judgment against defendant American District Telegraph Company for $56.10; and as so modified, affirmed, with $50 costs to plaintiff-respondent against defendants-appellants. In finding against all defendants, the Trial Justice held all defendants liable as joint tort-feasors. Since the negligence of all defendants was primary, there may be no recovery against each other on any theory of implied indemnity. (See Bush Term. Bldgs. v. Luckenbach S.S. Co., 9 N.Y.2d 426, 430.) The contract between defendant Telegraph Company and Grosfeld House contains no express indemnity provision. Since we hold that there is no liability over in this case, it is unnecessary to determine the effect of the limitation of liability clause in the contract.

Concur — Breitel, J.P., Valente, McNally, Steuer and Bastow, JJ.


Summaries of

Melodee Lane Lingerie Co. v. American District Telegraph Co.

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 1965
23 A.D.2d 739 (N.Y. App. Div. 1965)
Case details for

Melodee Lane Lingerie Co. v. American District Telegraph Co.

Case Details

Full title:MELODEE LANE LINGERIE CO., Respondent, v. AMERICAN DISTRICT TELEGRAPH…

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

Date published: Apr 15, 1965

Citations

23 A.D.2d 739 (N.Y. App. Div. 1965)