W. T. Grant Co. v. Uneeda Doll Co.

I would affirm. Very definitely, on the face of the complaint, the cause pleaded is one for indemnification in the event that in the future there is a recovery against the plaintiff in the pending action brought against it on behalf of the injured infant, but, as appears from the complaint, a cause for indemnification has not yet accrued. As an action based on such a cause, it is premature and not maintainable. (See Corbetta Constr. Co. v. Driscoll Co., 17 A D 2d 176, 180; City of Rochester v. Campbell, 123 N. Y. 405, 413; Satta v. City of New York, 272 App. Div. 782; Van Schaick v. Burney,…