Employers Mut. Liab. Ins. Co. v. Fairchild Press

Full title: EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Plaintiff, v…

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

Date published: Mar 18, 1952

279 App. Div. 895 (N.Y. App. Div. 1952)

Opinion

March 18, 1952.

Present — Cohn, J.P., Callahan, Van Voorhis, Shientag and Foster, JJ. [See post, p. 1045.]

Order granting third-party defendant-respondent's motion to dismiss the third-party complaint herein unanimously reversed, with $20 costs and disbursements, and the motion denied. We do not construe the complaint to exclude common-law negligence or to be confined solely to alleging violations of section 241 Lab. of the Labor Law. The question whether a valid cross claim exists should await trial. Settle order on notice.