Opinion
Argued January 10, 1962
Decided January 25, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES J. BECKINELLA, J.
Lawrence J. Mahoney, Robert J. Giuffra and Albert D. Koch for third-party plaintiff-appellant.
Patrick E. Gibbons and Royce A. Wilson for third-party defendant-respondent.
Judgment reversed and amended judgment of Trial Term in favor of third-party, Isbrandtsen Company, Inc., against third-party defendant, Universal Terminal Stevedoring Corp., is reinstated, with costs against the latter in this court and in the Appellate Division. In our view, the injuries of plaintiff were "due to [respondent's] operation", irrespective of fault, and Trial Term was correct in holding respondent liable under the broad provisions of its indemnity agreement. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.