Bush Terminal Buildings Co. v. Luckenbach Steamship Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
Defendant Luckenbach appeals from an order dismissing its cross claims against defendants Atlantic and Muehlstein as legally insufficient. Involved on the appeal is the much litigated question of the right to indemnity based on distinctions between “ active ” and “ passive ” negligence, or, better, between primary and secondary negligence.
Plaintiffs sue for property damages resulting from a fire and explosion at the Luckenbach steamship pier. Luckenbach had engaged Atlantic to repair some equipment. In the course of the work, Atlantic used oxyacetylene torches. Sparks or molten metal from the…
2Cases cited26 opinions
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
- Semanchuck v. Fifth Avenue & 37th Street Corp.New York Court of Appeals · 1943
- Tipaldi v. Riverside Memorial Chapel, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
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