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LYNCH v. FLAME FUEL OIL CORP.

53 Misc.2d 535 (1967)

William A. Lynch, Plaintiff, v. Flame Fuel Oil Corp. et al., Defendants.

Supreme Court, Special Term, Kings County.

February 24, 1967

Attorney(s) appearing for the Case

Marvin, Montfort, Healy, McGuire & Salle for Brakes & Springs, Inc., additional defendant. Dominic J. Cornella for Flame Fuel Oil Corp., defendant. Levy, Gutman & Goldberg for plaintiff.

BENJAMIN BRENNER, J.

Brakes & Springs, Inc., named by the defendant Flame Fuel Oil Corp. as an "additional defendant pursuant to CPLR 3019 (f)", asks that the summons and cross complaint for indemnification served upon it by the said Flame be declared a nullity, it being claimed that the proper procedure against a person not a party, against whom indemnification is sought is that provided by CPLR 1007. I...

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