Schellhorn v. New York State Electric & Gas Corp.

Appeal by the third-party defendant from an order of the Special Term of the Supreme Court, Albany County, denying a motion to dismiss the third-party complaint. The main complaint may be construed as charging the third-party plaintiff, an electric power company, with passive as well as active negligence resulting in plaintiff’s injury. In a situation in which the main complaint may be construed as charging the third-party plaintiff with passive negligence, even though it also charges him with active negligence, it has been the policy of this court not to dismiss such a complaint, but to…