Meisner v. Healey

McNally, J. (dissenting in part).

I concur in the disposition of the judgment for the plaintiffs and would grant judgment to the City of New York on its cross complaints against the Welsbach Corp.

The amended complaints and bills of particulars allege negligence in the maintenance of the blinker lights attached to column 3. The cross complaints allege the contractual obligation of Welsbach to maintain said lights and to indemnify the city in the event it is cast in judgment because of improper maintenance. On the trial the claim of negligence as to the city was enlarged to include failure to…