Kelly v. Long Island Lighting Co.

Defendant, Herrick Manor, Inc. (Herrick) appeals from an order dismissing its cross claim against defendant Long Island Lighting Co. (LILCO) on the ground that Herrick was guilty of “ active ” negligence, and, therefore, not entitled to a recovery over from co-tort-feasor, LILCO.

The controversy between the parties arises out of an accident which occurred during the construction of an apartment building on Clinton Avenue in Mineóla when plaintiff, Willis Kelly, who was employed as a laborer by D’Auria & Eusso & Sons Contracting Co., a subcontractor on the job site, was injured by an electric…