Appellate Division of the Supreme Court of the State of New York November 27, 1962 (Braun v. City of New York)

Breitel, J. P.

These appeals involve the legal sufficiency

of identical third-party complaints in two wrongful death actions. The issue turns on whether one of the original defendants, Consolidated Edison, could be held liable under the tort complaints for a breach of its duty to plaintiffs’ decedents, for which it, in turn, could obtain indemnity from the third-party defendant, an electrical