SILIA v. KIEWIT SONS' CO.


35 Misc.2d 807 (1962)

Rudolph Silia, Plaintiff, v. Peter Kiewit Sons' Co., Inc., et al., Defendants and Third-Party Plaintiffs. August Brassard Steel Erectors, Inc., Third-Party Defendant.

Supreme Court, Special Term, Queens County.

July 11, 1962


Attorney(s) appearing for the Case

Samuel P. Fensterstock for plaintiff. Cotter, Carey, Fox & McKay for third-party defendant. Mendes & Mount for defendants and third-party plaintiffs.


GEORGE P. STIER, J.

In an action to recover damages for personal injuries, the third-party defendant moves to dismiss the third-party complaint for legal insufficiency.

The third-party complaint herein alleges two causes of action, one based on common-law indemnity and the other on an alleged written indemnity agreement.

The third-party defendant contends that the first cause of action in the...

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