Lobello v. City of New York

The three defendants were joint tortfeasors. The City sought contribution or judgment over. The plaintiff suffered injuries because of breaches of a primary nondelegable duty owing to bim by the City, and a separate similar primary nondelegable duty owing to him by defendant Ceva & Sons. Whether there should be indemnity or contribution here, in the absence of an unequivocal indemnity agreement, is to be determined by whether the duty which was breached by the City was enjoined upon it by a statute. Section 435 of the New York City Charter (1938) prescribes in reference to. the City and its…