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ZULLO v. LONG ISLAND LIGHTING CO.

20 A.D.2d 912 (1964)

Marcello P. Zullo, as Administrator of The Estate of Vincent R. Zullo, Deceased, Plaintiff, v. Long Island Lighting Company, Defendant, and Dyker Building Co., Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Cerussi & Verri, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant. (And Two Other Actions.)

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

April 13, 1964

Judgment reversed on the law and the facts, with costs to the third-party defendant Cerussi against the third-party plaintiffs, and said amended third-party complaint dismissed, with costs. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein.

The death action was settled at the trial; and the issue as to the indemnity provision in the contract between the general contractor and...

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