28 N.Y.2d 205 (1971)

Allan Levine et al., Respondents, v. Shell Oil Company, Appellant, et al., Defendant. Shell Oil Company, Third-Party Plaintiff-Appellant; Joseph Visconti, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided April 8, 1971.

Attorney(s) appearing for the Case

Richard Bakalor and Robert E. Quirk for appellant.

Charles S. Desmond and Louis Feren for respondents.

James M. Gilleran and Edward L. Milde for third-party defendant-respondent.

Chief Judge FULD and Judges BERGAN, BREITEL, JASEN and GIBSON concur; Judge BURKE taking no part.


The controversy between the parties arises out of an explosion and fire at a gasoline station where plaintiffs were employed. Seeking recovery for injuries suffered as a result of the fire, plaintiffs commenced the main action against Shell Oil Company, the owner of the service station.1 Shell, in turn, impleaded Joseph Visconti, its tenant operator, alleging a right...

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