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ANZALONE v. MOORE-McCORMACK LINES, INC.

43 A.D.2d 818 (1974)

Raymond Anzalone, Respondent, v. Moore-McCormack Lines, Inc., Defendant and Third-Party Plaintiff-Appellant. Court Carpentry & Marine Contracting Co., Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 10, 1974

While we all concur for affirmance in favor of the plaintiff against the defendant, the only dispute is as to the indemnity claim by the defendant against the third-party defendant-respondent based on a finding by the jury that the plaintiff was 15% contributorily negligent, which modicum of negligence is attempted to be imputed to the employer third-party defendant and is the basis for the dissent, which would grant a claim in full...

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