Bernard Schwartz, an Infant, by David Schwartz, His Guardian Ad Litem, Respondents v. Merola Bros…

Summary

The New York Court of Appeals affirmed the judgment finding all four defendants liable for the infant plaintiff's injuries and dismissed the Bank's cross‑claims for indemnity against Merola, Cerussi and New Deal, holding that the indemnity clause did not cover the Bank's passive negligence and that the Bank and Cerussi failed to prove they were merely passive wrongdoers. Justice Rippey dissented, arguing that the Bank should be allowed a new trial on its cross‑claims.