New York Court of Appeals

McCabe v. Queensboro Farm Prods.

May 29, 196822 N.Y.2d 204

Summary

The Court of Appeals reversed the dismissal of a third‑party complaint and remanded for trial, holding that a third‑party plaintiff may seek indemnity under a joint‑venture agreement before an actual loss is shown and may recover one‑half of any amount paid toward the judgment, including insurance payments.