LANSER v. BAUMRIN


2 Misc.2d 610 (1956)

Mildred Lanser et al., Respondents, v. David Baumrin et al., Defendants, and David Wollack, Appellant.

Supreme Court, Appellate Term Second Department.

April 18, 1956.


Attorney(s) appearing for the Case

Samuel E. Swiggett for appellant.

No appearance for respondents.

PETTE, HART and DI GIOVANNA, JJ., concur.


Per Curiam.

A cross complaint for the determination of ultimate rights in a negligence action is not barred by the three-year Statute of Limitations (Civ. Prac. Act, § 49) when that statute is not a bar to the claim asserted in the main action of the plaintiff. (Feldstein v. Bevier, 278 App. Div. 828.) The right to indemnity "rests upon the principle that every one is responsible for the consequences of...

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