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D'APICE v. TISHMAN 919 CORP., INC.

43 A.D.2d 925 (1974)

Daniel J. D'Apice, Respondent, v. Tishman 919 Corp., Inc., Respondent Tishman 919 Corp., Third-Party Plaintiff-Respondent, v. Otis Elevator Company, Third-Party Defendant, and Employers Liability Assurance Corporation, Limited, Third-Party Defendant-Appellant

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

February 21, 1974

Appellant shall recover of third-party plaintiff-respondent $40 costs and disbursements of this appeal. The main action is one sounding in negligence and the third-party action against Otis Elevator Co. involves an issue of indemnity. The third-party action against Employers involves a dispute over insurance coverage. To allow this last issue to be tried before the same jury charged with the duty of determining issues of negligence and relative liability of the defendants...

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