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SHANLEY v. CALLANAN IND.

76 A.D.2d 146 (1980)

Terrance Shanley, Respondent, v. Callanan Industries, Inc., Defendant and Third-Party Plaintiff-Appellant; Kenneth E. James, Third-Party Defendant-Respondent

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

July 24, 1980

Attorney(s) appearing for the Case

E. Stewart Jones (E. Stewart Jones, Jr., and Robert M. Cohen of counsel), for respondent.

Donald D. Gulling, Jr. (Bouck, Holloway & Kiernan, Warner M. Bouck of counsel), for defendant and third-party plaintiff-appellant.

Hubert D. Miles (H. Ward Hamlin, Jr., of counsel), for third-party defendant-respondent.

SWEENEY, MAIN and HERLIHY, JJ., concur with GREENBLOTT, J. P.; MIKOLL, J., concurs in part and dissents in part in a separate opinion.

GREENBLOTT, J. P.

As a result of a head-on automobile collision, Kenneth E. James commenced an action against Terrance Shanley to recover damages caused by Shanley's alleged negligence. Shanley in turn initiated a second action against Callanan Industries for allegedly creating a hazardous condition at the scene of the accident. Callanan impleaded James for "full or partial indemnity or contribution" for any...

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