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MORGAN v. GEORGE M. BREWSTER & SON, INC.

13 A.D.2d 713 (1961)

C. A. Morgan et al., as Administrators of The Estate of Joseph H. Morgan, Deceased, Plaintiffs, v. George M. Brewster & Son, Incorporated, Defendant and Third-Party Plaintiff-Appellant. Prossner & Sons, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendants

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

April 6, 1961

Order modified to the extent of granting leave to serve an amended third-party complaint and as modified affirmed, without costs of this appeal to any party.

Memorandum:

The order dismissing the third-party complaint against the third-party defendant is sustained, not upon the ground that no case for recovery over could possibly be made out against that defendant under the principles governing indemnity between tort-feasors, but rather upon the ground that...

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