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LUFRANO v. MINOT

52 A.D.2d 65 (1976)

Anna Lufrano et al., Plaintiffs, and Gilda Corte et al., Appellants, v. Herbert S. Minot, Respondent Herbert S. Minot, Plaintiff, v. Gilda Corte et al., Defendants

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

April 29, 1976

Attorney(s) appearing for the Case

Philip Hoffer of counsel (Rose L. Hoffer, Peter T. Affatato, Adolph B. Salib and Harold Weissman with him on the brief; Raymond J. MacDonnell, attorney), for Gilda Corte and another, appellants, with respect to defense of the cross claim.

Irving Cohen for Gilda Corte and another, appellants, exclusive of cross claim.

John J. Cullen of counsel (Patricia D'Alvia with him on the brief; Morris, Duffy, Ivone & Jensen, attorneys), for respondent.

MARKEWICH and LUPIANO, JJ., concur with NUNEZ, J.; STEVENS, P. J., and KUPFERMAN, J., dissent in an opinion by KUPFERMAN, J.

NUNEZ, J.

Separate actions to recover damages for personal injuries by plaintiffs Anna Lufrano and Gilda Corte and loss of services of their respective husbands, against defendant Herbert S. Minot, were consolidated in October 1972. Minot cross-claimed against plaintiff Gilda Corte for indemnity under Dole v Dow Chem. Co. (30 N.Y.2d 143) for any judgment which may be...

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