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  5. 34 N.Y.2d 557 (1974)
 

HAMAN v. HUMBLE OIL & REF. CO.

34 N.Y.2d 557 (1974)

Barbara Haman et al., Appellants, v. Humble Oil & Refining Co., Defendant-Respondent and Third-Party Plaintiff-Respondent. Scarsdale Landscaping, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1974.

Attorney(s) appearing for the Case

Abraham Burstein for appellants.

George A. Burrell for defendant-respondent and third-party plaintiff-respondent.

William F. Larkin and Sebastian Randazzo for third-party defendant-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, the complaint reinstated and a new trial granted, with costs to abide the event. The verdict was inconsistent in holding Humble Oil and Refining Co. (Humble) liable for negligence, while exonerating Scarsdale Landscaping, Inc. (Scarsdale). At the least Scarsdale had a contractual obligation to indemnify and hold harmless Humble from any and all loss or damage...

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