EVER-LAST SPECIALTY SHOPPE, INC. v. MAP REALTY ASSOCS.


30 A.D.2d 571 (1968)

Ever-Last Specialty Shoppe, Inc., Plaintiff, v. Map Realty Associates et al., Defendants, and Malluzzo Construction Corp., Defendant and Third-Party Plaintiff-Respondent. Pam Construction Corp., Third-Party Defendant-Appellant

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

May 27, 1968


Order reversed, on the law, with $10 costs and disbursements, and third-party complaint dismissed.

In our opinion the allegations of the third-party complaint, read in conjunction with the main complaint, do not state a cause of action for common-law indemnification against the third-party defendant. The pivotal paragraph of the third-party complaint (par. Eleventh) alleges that the employees of the third-party plaintiff working at the job site in question "were doing...

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