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LOPES v. ROSTAD

56 A.D.2d 645 (1977)

Maria T. Lopes, as Administratrix of The Estate of Manuel D. Lopez, Deceased, Respondent, v. Harold R. Rostad et al., Appellants. County of Nassau, Defendant and Third-Party Plaintiff-Appellant-Respondent; Village of Freeport, Defendant; S. Zara & Sons Contracting Co., Inc., Third-Party Defendant-Appellant. (Action No. 1.) Vito Martino, Respondent, et al., Plaintiff, v. County of Nassau, Defendant and Third-Party Plaintiff-Appellant-Respondent, et al., Appellants. S. Zara & Sons Contracting Co., Inc., Third-Party Defendant-Appellant. (Action No. 3.)

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

February 28, 1977

Judgments affirmed, with one bill of costs to plaintiff Lopes, payable jointly by defendants Rostad and the County of Nassau.

The evidence supports the jury verdict. The third-party defendant was properly held liable to the defendant County of Nassau upon the Dole v Dow Chem. Co. (30 N.Y.2d 143) theory of indemnity, even though the latter, if it had not disclaimed its right to do...

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