Hendricks v. Leslie Fay, Inc.

If the facts alleged by plaintiff are established, the tortious conduct of Norman and of Vallon, acting jointly and concurrently as agents of Fay, was responsible for plaintiff’s injury and damage. Assuming, but not deciding, that Norman was the agent of Pinkerton and not the agent of Fay, and that the tortious conduct of Norman, as agent of Pinkerton, and of Vallon, as agent of Fay, was responsible for plaintiff’s injury and damage, both Fay and Pinkerton would be liable to plaintiff as joint tort-feasors. However, Fay does not seek contribution from Pinkerton as an alleged joint tort-feasor…