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Carvainis v. Montefiore Hospital for Chronic Diseases

9 A.D.2d 735 Court N.Y. App. Div. Decision date 1959-11-04 English

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p. 735
Edith Carvainis et al., Plaintiffs, v. Montefiore Hospital for Chronic Diseases et al., Defendants. Mortimer L. Mark et al., Appellants, and Philip Glotzer, Respondent.

Order so far as appealed from unanimously affirmed, without costs. As we construe the third-party complaint the third-party plaintiff could be found guilty merely of secondary negligence whereas the third-party defendant could be found guilty of primary negligence. In the circumstances the third-party complaint should not be dismissed. Concur-— Breitel, J. P., Rabin, M. M. Frank, McNally and Stevens, JJ.