Johnson v. Harrison Engineering & Contracting Corp.

Order denying motion to strike out the second defense in respondent’s answer affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell and Scudder, JJ., concur; Kapper and Hagarty, JJ., dissent and vote for reversal, with the following memorandum: We are of opinion that the fact that the same negligent act of which plaintiff complains may have resulted in damage to another, does not permit that other to litigate as between him and his codefendant merely because he was brought in, charged with a separate act of negligence. The matters alleged in respondent’s…