Majority
p. 665Joseph J. Murtha, by His Guardian ad Litem, Margaret Murtha, et al., Respondents, v. Union Hospital Association of the Bronx et al., Appellants, and James B. McGrath, Respondent.
Order, entered May 12, 1964, permitting defendant McGrath to serve a supplemental answer, including a cross claim based on an alleged right of common-law indemnity against defendant hospital, unanimously affirmed, with $30 costs and disbursements to defendant-respondent against defendants-appellants. (See Braun v. City of New York, 17 A D 2d 264 ; 2 Weinstein-Korn-Miller, N. Y. Civ. Prac., pars. 1007.02, 1401.03.) Concur — Breitel, J. P., Valente, Stevens, Eager and Bastow, JJ.
Cases cited
- Braun v. City of New York 17 A D 2d 264 p. 665