Opinion
April 25, 1950.
Present — Peck, P.J., Glennon, Cohn, Callahan and Shientag, JJ.
We find that the indemnity agreement did not sufficiently express an intention to insure the underwriter against its own negligent acts. As to the claim for common-law indemnity, considering the negligent acts asserted in plaintiff's complaint, we also find that the cross complaint for liability over was properly held insufficient. Order unanimously affirmed, with $20 costs and disbursements.