(DOWNLOAD) "Central Hudson Gas & Electric Corporation Et Al. v. v. J. Costanzi" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Central Hudson Gas & Electric Corporation Et Al. v. v. J. Costanzi
- Author : Supreme Court of New York
- Release Date : January 11, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
A prior action against the plaintiff Central for the wrongful death of one Joseph T. Zuppa, who had been employed as a crane operator by the defendant, resulted in a judgment in favor of his administratrix against Central (Zuppa v. Central Hudson Gas & Elec. Corp., 277 App. Div. 1044, affd. 302 N. Y. 827). Plaintiff Central, and its insurance carrier, the coplaintiff Indemnity Insurance Company of North America, both contributed to the payment of $31,711.97 in satisfaction of the judgment, and they brought these two actions against defendant for indemnity. Decedent had met his death as the result of an electric shock when the boom of the crane operated by him came into contact with an uninsulated high tension electric wire maintained by Central upon its premises. Decedent and the crane were on its premises for the purpose of doing certain work thereon pursuant to a written contract between Central and defendant. Judgment affirmed, with costs. In our opinion, in the Zuppa action the plaintiff Central was cast in liability for its own active negligence; hence, it is barred from obtaining indemnity implied in law (Putvin v. Buffalo Elec. Co., 5 N.Y.2d 447; Goggin v. Central Hudson Gas & Elec. Corp., 8 A.D.2d 741, affd. 7 N.Y.2d 819). Nor may Central obtain reimbursement based on the contract between it and the defendant, since the provisions of such contract may not be construed so as to require defendant to indemnify Central for active negligence on its part (Semanchuck v. Fifth Ave. & 37th St. Corp., 290 N.Y. 412; Thompson-Starrett Co. v. Otis El. Co., 271 N. Y. 36).