Phillips v. Chevrolet Tonawanda Division of General Motors Corp.

Judgment unanimously reversed, on the law, without costs and new trial granted. Memorandum: On October 5, 1969 respondent Alfred Phillips while employed by a wholly-owned subsidiary of the appellant Modern Equipment Company was working at the plant of appellant Chevrolet Tonawanda Division of General Motors. An accident occurred resulting in serious injuries to Phillips and he and his wife commenced a negligence action against Chevrolet. Chevrolet impleaded Modern on theories of common-law and contractual indemnification. At the close of the proof at trial, upon Modern’s motion the court…