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CIMINO v. FIRESTONE TIRE CO.

59 Misc.2d 1040 (1969)

Michael Cimino, an Infant, by His Mother and Natural Guardian, Mary Cimino, et al., Plaintiffs, v. Firestone Tire & Rubber Company et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 17, 1969

Attorney(s) appearing for the Case

Ralph Berley for plaintiffs. Marshall & Fuhrman for defendant. Baer & Marks for Firestone Tire & Rubber Co., defendant.

BERTRAM HARNETT, J.

Plaintiff, Michael Cimino, was injured when he slipped and fell on the curbing in front of a building owned by the defendant, Firestone Tire & Rubber Company ("Firestone"), a portion of which was leased to the defendant, Wardon Stops, Inc. ("Wardon").

In its answer, Wardon interposed a cross claim against Firestone on a theory of common-law indemnity, alleging that any negligence...

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