On February 23, 1969 Barbara Jordan was injured when the car driven by respondent left the traveled portion of the highway on Quarry Road in the Town of Cobleskill, Schoharie County, and struck a tree. On January 29, 1971 the plaintiffs settled with respondent in a separate action. In the meantime in the instant action appellant brought a third-party action against the respondent seeking indemnity should it be found liable to the plaintiffs. Respondent then moved to dismiss...
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