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KINGS COUNTY TRUST CO. v. TUDOR CONSTR. CORP.

28 A.D.2d 853 (1967)

Kings County Trust Company, as Committee of Joseph Aiello, Jr., an Incompetent Person, Plaintiff, v. Tudor Construction Corp., Defendant and Third-Party Plaintiff-Appellant. United States Fidelity and Guaranty Company, Third-Party Defendant-Respondent

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

July 5, 1967

In this severed third-party action, the third-party plaintiff sued the third-party defendant insurance company for indemnification and to recover the costs of its defense of an action instituted by one, Joseph Aiello, to recover damages for injuries sustained by him on a construction job while unloading debris from a chute (constructed and maintained by the third-party plaintiff) onto a truck being used to cart away the debris. Part of the chute allegedly gave way and fell...

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