Jasen, J. Defendant, Herrick Manor, Inc. (Herrick) appeals from an order dismissing its cross claim against defendant Long Island Lighting Co. (LILCO) on the ground that Herrick was guilty of “ active ” negligence, and, therefore, not entitled to a recovery over from co-tort-feasor, LILCO. The controversy between the parties arises out of an accident which occurred during the construction of an apartment…
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