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BLUNT v. CITY OF NEW YORK

6 A.D.2d 1050 (1958)

Martha Blunt, as Administratrix of The Estate of John Blunt, Deceased, Plaintiff, v. City of New York, Defendant and Third-Party Plaintiff-Appellant. Derrico Salvage Company, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 20, 1958

Judgment, insofar as appealed from, unanimously affirmed, with costs.

The third-party complaint was based solely upon a specific indemnity agreement contained in a contract entered into between appellant and respondent. On the trial appellant abandoned its claim under the specific agreement pleaded and sought to invoke other indemnity provisions of the contract, not pleaded in the third-party complaint. Appellant's motion to amend its pleading for that purpose was...

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