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MAURO v. McCRINDLE

70 A.D.2d 77 (1979)

Guiseppe Mauro et al., Plaintiffs, v. Joseph McCrindle et al., Defendants Joseph McCrindle et al., Third-Party Plaintiffs-Respondents, v. John Scala, Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

August 20, 1979

Attorney(s) appearing for the Case

Corcoran, Amabile & Cowin, by Weinstein Chayt & Bard, P. C. (Norman Bard, John Corcoran and Sandra Krevitsky of counsel), for appellant.

Harold M. Foster (Meyer, English, Cianciulli & Peirez, P. C. [Beth J. Goldmacher] of counsel), for respondents.

O'CONNOR, J. P., MARTUSCELLO and MANGANO, JJ., concur; SHAPIRO, J., not voting.

RABIN, J.

This appeal presents the unusual situation of a property owner who has been held vicariously liable to an injured plaintiff, seeking indemnification, not against the general contractor whose employee negligently caused the injuries, but, rather, against the employee directly. The employee, John Scala, appeals from the denial of his motion for summary judgment dismissing the third-party complaint for...

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