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MICHELUCCI v. BENNETT

71 Misc.2d 347 (1972)

Vincent J. Michelucci, as Administrator of The Estate of James V. Michelucci, Deceased, Plaintiff, v. Nancy A. Bennett, as Administratrix of The Estate of William Bennett, Deceased, Defendant and Third-Party Plaintiff. Jabera Carma et al., Third-Party Defendants.

Supreme Court, Washington County.

September 25, 1972

Attorney(s) appearing for the Case

Daniel B. Tallon for Edward B. Parker, third-party defendant. McPhillips, Fitzgerald & Meyer for defendant and third-party plaintiff.

HAROLD R. SODEN, J.

The third-party defendant, Edward B. Parker, moves pursuant to CPLR 3211 for judgment dismissing the third-party complaint. The third-party complaint is premised upon the theory of Dole v. Dow Chem. Co. (30 N.Y.2d 143) and Kelly v. Long Is. Light. Co. (31 N.Y.2d 25), permitting the maintenance of an action seeking relative contribution between persons...

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