Appellate Division of the Supreme Court of the State of New York February 26, 1962 (Pochari v. County of Westchester)

In our opinion the complaint and Trumid’s cross complaint against Gamewell alleges active and passive negligence and, therefore, impleader is proper. A cross complaint or a third-party complaint is deemed sufficient on the pleadings if there is any possibility of liability over against a third party (Putvin v. Buffalo Elec. Co., 5 N Y 2d 447; Marzella v. Carlson Hoist & Mach. Co., 280 App. Div.