DeJOHN v. D. W. WINKELMAN CO., INC.


53 A.D.2d 1049 (1976)

Robert DeJohn et al., Respondents-Appellants, v. D. W. Winkelman Co., Inc., Defendant, and Martino Brothers, Inc., Appellant-Respondent

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

July 12, 1976


Order unanimously modified in accordance with memorandum and as modified, affirmed, without costs.

Memorandum:

In December, 1972 plaintiffs commenced this action against both defendants for personal injuries sustained in a vehicular accident which occurred on July 6, 1970. Issue was joined and defendant Martino Brothers, Inc. (Martino), which had also been served with a third-party complaint by defendant D. W. Winkelman Co., Inc. (Winkelman), made a demand...

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