Kahn v. City of New York

Order, Supreme Court, Bronx County, entered December 16, 1970, reversed, on the law, and the motion of third-party defendant Duncan Parking Meter Maintenance Co., Inc. for summary judgment dismissing third-party complaint of City of New York as to it is granted. Appellant shall recover of respondent City of New York $50 costs and disbursements of this appeal. The third-party defendant properly utilized the summary judgment remedy to procure a determination whether or not the city had a basis to a right of indemnity over. Such a motion is favored as “ a fruitful remedy ” and thereupon there…