Jewish Board of Guardians v. Grumman Allied Industries Inc.

Fein and Alexander, JJ.,

dissent in a memorandum by Alexander, J., as follows: I would affirm the judgment entered in favor of the plaintiff, Jewish Board of Guardians, against the defendants Grumman and Biuso, as well as the indemnification judgment in favor of third-party plaintiff Biuso against third-party defendant Auriga. I would also affirm the order denying the motion of the defendant Grumman for leave to amend its answer. While, as the majority observes, an agreed-upon division of function and duty among the parties appears from the contract documents, the trial record makes it clear…