KLEINERT v. WEBB KNAPP, INC., 10 N.Y.2d 719 (1961)

219 N.Y.S.2d 267, 176 N.E.2d 835

JOHN H. KLEINERT, Respondent, v. WEBB KNAPP, INC., et al., Appellants, et al., Defendant. WEBB KNAPP CONSTRUCTION CORP., Third-Party Plaintiff-Appellant, v. ARMOR ELEVATOR CO., INC., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.Argued May 22, 1961
Decided June 9, 1961

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOHN L. FLYNN, J.

Page 720

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 721

Harold V. McCoy for Webb Knapp, Inc., and another, appellants.

A. Harold Forst, Bernard Helfenstein, Irwin B. Polinsky an Emile Z. Berman for Isidore Rosen Sons, Inc., appellant.

Solomon Boneparth for respondent.

John Nielsen and John P. Smith for third-party defendant-respondent.

Judgment affirmed, with costs to plaintiff against all the defendants-appellants and to the third-party defendant against the third-party plaintiff. We do not decide whether the indemnity agreement would be adequate to indemnify the third-party plaintiff if the injury to plaintiff had been caused by the alleged indemnitor, the third-party defendant Armor. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.