Bosco v. Daly's Astoria Sanatorium, Inc.

In this malpractice action defendant Panvini moves for leave to amend his answer to include a cross complaint for indemnity, against codefendant Daly’s Astoria Sanatorium, Inc.

An analysis of the main complaint discloses that the recovery sought against defendant Panvini is, under the allegations of that complaint, based solely upon active tort feasance. Those allegations of the complaint, charging negligence, to which specific reference is made in the cross claim sought to be pleaded allege that the defendants in this action were negligent in failing to use reasonable care in administering…