# Clarvit v. J. G. White Engineering Corp.

> District Court, S.D. New York · February 7, 1945 · 7 F.R.D. 143

URL: https://www.frixlaw.com/law-library/cases/6668407

## Case

- **Full name:** CLARVIT v. J. G. WHITE ENGINEERING CORPORATION (PRELOAD CO., Third-Party Defendant)
- **Court:** District Court, S.D. New York
- **Decided:** February 7, 1945
- **Citations:** 7 F.R.D. 143; 1945 U.S. Dist. LEXIS 1459
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Coxe
- **Judges:** Coxe
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6668407

## Opinion text

COXE, District Judge.
The third-party complaint in this case does not seek to hold Preload Company as a joint tort-feasor, but rather as an indemnitor on a remedy over; it is not, therefore, open to objection under Brown v. Cranston, 2 Cir., 132 F.2d 631 , 148 A.L.R. 1178 , certiorari denied. Cranston v. Thompson, 319 U.S. 741 , 63 S.Ct. 1028 , 87 L.Ed. 1698 . See Tomko v. City Bank Farmers Trust Co., D.C., 3 F.R.D. 31 . Whether the White Company is entitled to any benefit from the liability clauses of the contract between the Government and *144 Preload Company is doubtful, but that question can best be determined at the trial after the facts have been shown. The allegations of the third-party complaint still remain, however, to the effect that the White Company was, at most, guilty only of passive or secondary negligence, and the Preload Company guilty of primary negligence. These allegations, if proved, are enough under the New York authorities. Oceanic Steam Navigation Co. v. Compania Transatlantica Espanola, 134 N.Y. 461 , 31 N.E. 987 , 30 Am.St.Rep. 685 ; Phoenix Bridge Co. v. Creem, 102 App.Div. 354 , 92 N.Y.S. 855 , affirmed 185 N.Y. 580 , 78 N.E. 1110 ; Schwartz v. Merola Bros. Construction Corp., 290 N.Y. 145 , 48 N.E.2d 299 . The motion of the third-party defendant, Preload Company, to dismiss the third-party complaint is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6668407. Public record. Not legal advice.