20 A.D.2d 552 | N.Y. App. Div. | 1963
In a consolidated negligence action to recover damages for personal injury against: (1) the defendant executors, as the owners of certain store premises; and (2) the defendant Banner 'Super Market, Inc., as lessee of said premises, in which action the latter asserted a cross complaint for indemnification against said executors, the parties cross-appeal as follows from a judgment of the Supreme Court, Kings County, entered October 5, 1962 after a nonjury trial upon the
It would appear from the admission in the executors’ answer that on the date of the accident the executors’ testatrix was still alive and owned the premises at No. 2054; but this discrepancy would not affect the executors’ liability (Decedent Estate Law, § 118).