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Bunchez v. Astoria-Star Welding Service, Inc.

1 A.D.2d 947 Court N.Y. App. Div. Decision date 1956-04-24 English

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p. 947
Samuel H. Bunchez, Plaintiff, v. Astoria-Star Welding Service, Inc., Defendant and Third-Party Plaintiff-Appellant. Vacuumate Corp., Third-Party Defendant-Respondent.

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. The third-party complaint is legally sufficient. Upon all the pleadings, a triable issue is presented as to whether the sole proximate cause of the accident was the primary or active negligence of the third-party defendant and whether the negligence, if any, of the third-party plaintiff was secondary or passive. Concur — Breitel, J. P., Rabin, Cox, Frank and Bastow, JJ.