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SEIDNER v. CITY OF NEW YORK

286 A.D. 1016 (1955)

Nettie Seidner et al., Respondents, v. City of New York, Respondent, and Marcam Contracting Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 3, 1955.

Order denying appellant's motion to dismiss the complaint and the cross complaint for insufficiency affirmed, with $10 costs and disbursements.

The complaint and cross complaint sufficiently allege, respectively, that appellant was negligent and is liable over as the active and primary wrongdoer. (Zeuner v. Village of Bronxville, 278 App. Div. 790; Toth v. Kennedy & Smith, Inc., 259 App. Div. 855, affd. 285 N.Y. 579; Lobello v. City of New York...

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