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CIPOLLINA v. KENT

52 A.D.2d 632 (1976)

Mildred Cipollina, as Administratrix of The Estate of Carl R. Maxson, Deceased, Plaintiff, v. David M. Kent et al., Defendants and Third-Party Plaintiffs-Appellants. St. Charles Hospital et al., Third-Party Defendants-Respondents. (Action No. 1.) (And Four Other Actions.)

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

April 23, 1976

Order modified, on the law and in the exercise of discretion in the interest of justice, by adding the words "without prejudice" to the end of the decretal paragraph thereof. As so modified order affirmed, without costs or disbursements.

No fact findings were presented for review. In our opinion the third-party complaint states a valid cause of action for partial indemnification from the subsequent tort-feasors (see Musco v Conte, 22 A.D.2d...

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